End your felony probation obligations early with conditional probation discharge. Our experienced attorneys can help you gain full freedom sooner.
End Your Montana Probation Early.
End your Montana probation obligations early with a conditional probation discharge.
Compliant with your probation and want to end it early? Contact Judnich Law Firm. Let’s end your probation sooner than sentenced. 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.
In order to obtain a conditional discharge, several elements must be in place. First, the Court must determine that a conditional discharge is in the best interests of the offender and of society. They also have to determine that a discharge will not present unreasonable danger to the offense victim(s). Most importantly, your probation officer must support discharging you from probation and must be willing to put that in writing. Next, you must have completed at least 9 months of probation successfully. The more probation time the better, but eligibility starts at 9 months.
Also, all court-ordered restitution and other financial obligations must be paid in full.
The offender must be in compliance with his/her supervision. For this, several elements must be in place. These include 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.
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.
We say, “an attorney who represents themself has a fool for a client.” Sure, you certainly can apply for your own conditional discharge. Whether you should apply yourself is another question entirely, and definitely not recommended.
It’s too easy to mess up the paperwork if you don’t know what you’re doing, and the stakes are too high for messed-up paperwork. We’re talking about your full freedom. To go where you want, when you want, consume what you want, with whomever you want—all of it. Without ever having to check in with anyone. We recommend working with an experienced legal professional to make sure everything is done right.
Having served your time, you of all people know how precious full freedom is—and how easily it can be lost. The inconvenience and frustration of probation rules can stop and we can help do that, typically in 60-90 days.
Let’s get you out of this. Let us help.
Our firm will prepare the correct Petition for Conditional Discharge for the correct Court and include all of the statutory criteria the Court will want 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.
And, like most other things we do in this life that need to be done properly, we recommend seeking the help of a professional. Hire an attorney like us who has handled many of these proceedings and knows how to help your paperwork sail through without a hitch.
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.
