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End your Montana Felony probation early with conditional discharge of Probation. Over 20 years of experience in successfully obtaining Conditional Discharge of Probation for our clients
End Your Court Ordered Montana Probation Early.
End your Montana probation obligations early with a conditional probation discharge.
Follow below to Check your Eligibility and let’s get you your full freedom back.
Conditional discharge is the formal early ending of felony probation in Montana. It is a court-ordered probation discharge grant by the Court. Conditional discharge allows the full remainder of probation time left on a sentence to be removed. It is an absolute discharge of probation.
You no longer have an assigned probation officer nor the inconvenience of checking in and reporting to a probation officer. Once you have fulfilled certain requirements, you can completely end probation sooner than sentenced with a conditional discharge probation order. We can help.
Conditional discharge of probation is done at the Sentencing Court level. It ends the suspended or probationary part of a sentence, so you can end probation early. Attorneys at Judnich Law can help with this.
Conditional discharge of parole is completely different and is only for people on parole. These individuals must appear before the Montana Parole Board to request conditional discharge from State supervision, not the Sentencing Court. We can offer referrals to attorneys who practice in this area.
Twelve months after conditional discharge is completed, the Court allows a person to petition the Court to completely end the Court’s jurisdiction over the case. That means the case is completely closed and can never be re-opened again. Of course, the felony conviction stays on your criminal record along with records of any sentencing such as community service or jail time, but the sentence is fully served and complete, and the case is closed.
Conditional Discharge can only be ordered by the Sentencing Court. In order to ensure the Court agrees allowing someone to end probation early via Conditional discharge you must be eligible under the law and the factors of the case. First, you must have paid all fines and fees related to the Judgment and you must have successfully completed at least 9 months of the probationary sentence in order to start the eligibility process. More than 9 months of probation is preferred, but that is the starting point. The Court must also determine that a conditional discharge is in the best interests of the offender and of society. The Court must also determine that a discharge will not present unreasonable danger to the victim of the offense. Most importantly, your probation officer must support discharging you from probation early and must be willing to put that in writing for the Court.
If you meet the criteria above - you are eligible to Petition for Conditional Discharge of Probation.
Other factors that may sway the Court's decision are that the offender must be in compliance with his/her supervision with no revocations while on probation. The Court will also consider housing stability, employment stability, completing all court-ordered treatment and programming, passing all drug or alcohol tests for the previous 6 months, steady progress toward meeting goals established together with the case worker, no non-compliance violations, and the department doesn’t have a good reason for not granting the conditional discharge. Lastly, a well organized and legally persuasive Petition must be filed to obtain such an order from a Court. Our attorneys have successfully obtained hundreds of Conditional Discharge Orders for our clients. We can likely help you too.
Offenders of sexual or violent crimes and on lifetime supervision are not eligible for conditional discharge of probation.
Conditional discharge has nothing to do with your criminal record, whether you plead guilty, they find you guilty by verdict, or whether the conviction was related to a controlled substance or something else. This discharge service is for a felony; the classes of misdemeanors have a different process, regardless of the class of misdemeanor.
As with all other Court documents in all types of cases, the courts are open to the public and individuals are always free to file whatever they wish on their own behalf. In practice, that is never a very good idea, even among professionals in the field.
This is a formal legal process that can be opposed by the Government. Legal knowledge and strategy is extremely important in obtaining a successful result, so having the help of an experienced attorney is the best way to ensure it is accomplished correctly, the first time.
With over 20 years of experience in obtaining Conditional Discharge from Probation, we can help you too. Please contact us for a FREE consultation to see if we can help you with a fresh start today.
Our firm will prepare the correct Petition for Conditional Discharge for the correct Court and include all of the statutory criteria and factors the Court will need in order to grant that Petition.
Our attorneys have evolved this petition over decades to create a form that the judges approve of and can quickly approve.
This process typically takes 90-120 days depending on the Court.
Your conditional probation discharge attorney at Judnich Law will ensure you meet all conditions for the Court to grant conditional probation in Montana, and will see that the Court clearly understands your compliance with your probation order. We then ensure your probation officer is notified of this, so there is no confusion.
Juchich Law attorneys have worked through many of these proceedings with clients wishing to end their probation sooner than sentenced. We know how this process works, and we will be sure you are in absolute compliance every step of the way to maximize your chances of getting this probation discharge order, granting your full freedom early.
We also practice supreme client care. We have an online client portal that allows you to see your file at your convenience, and at no charge. You can also upload materials and even send us a direct message 24/7. This portal streamlines our attorney-client communications tremendously.
After hours, our live operator will take a message and send your attorney a text message immediately.
