Type “your state” and “probation” into your favorite web browser. Look for state websites, which will probably host the text of your state statutes.

If you do not have your copy, then ask your probation officer for a copy. He or she should have it. [2] X Research source

To find an experienced criminal defense attorney, you can visit your state’s bar association, which should run a referral service. You also should see Choose a Criminal Defense Lawyer for tips. You might want to hire an attorney to offer limited assistance. Even if costs are a concern, you should realize that in most states attorneys can now offer “unbundled” legal services. This means that the attorney agrees to perform discrete tasks rather than take over the entire representation. This type of “limited scope representation” can be an effective way of keeping legal costs down.

Accordingly, if you were ordered to serve three years of probation but only one year has passed, then you do not qualify.

Another frequent condition of probation is to remain drug-free. [5] X Research source You will need not to slip up if you hope to shorten your probationary period. Other conditions include completing certain classes and avoiding the commission of another crime. [6] X Research source

If you had to pay restitution, then produce your cancelled checks or the receipt you might have received from the court (if you paid the restitution into a court).

Your probation officer will be allowed to testify at the hearing about whether or not you deserve to have your probation terminated or modified. Accordingly, it is in your best interest to follow his or her advice and to address any weaknesses before petitioning the court to shorten your probation.

Colorado, for example, has a printed “Request to Terminate or Modify Probation or Deferred Sentence” form, which is available at https://www. courts. state. co. us/userfiles/file/Court_Probation/20th_Judicial_District/Court%20Business%20Resorces/RequesttoTermProb%206-11-13. pdf.

Try to find a sample motion for your state. Create a search string in your favorite web browser consisting of “your state,” “sample motion” and either “terminate probation” or “modify probation. ” Then look to see if there are any sample motions that you can use as models. When typing up your motion, you will include the header information at the top. You can pull the header information from an old motion in your criminal case. The header includes the names of the parties, the case number, and the name of the judge. Below the header, insert the title in all caps, bolded. Look to see what title the sample uses. If you don’t have a sample to use as a guide, then title it “Motion to Terminate Probation” or “Motion to Modify Probation. ” In the first paragraph, identify yourself and if you are representing yourself (“pro se”). You can type, “Comes now the Defendant, pro se, [insert your name], and moves this Honorable Court to modify his probation. In support of this motion, Defendant states:” Then, list the facts in numbered format: The date you were placed on probation. “Defendant was placed on probation on [insert date]. ” The length of probation. “The period of supervision was for X months/years. ” That you committed no violations. “During the period of supervision, there has been no violation papers filed. ” That all conditions have been met. “All conditions of the supervision have been completed. ” Whether your probation officer objects. You should have found this out when you last met with him or her. “The probation officer does not object to an early termination/modification. ” The name of your probation officer. Add a conclusion. You can type, “WHEREFORE, Defendant respectfully requests that this Honorable Court grant this Motion and issue an Order modifying/terminating probation in this case. ”

You can find a notary public in most large banks as well as in the courthouse.

You will probably have to pay a filing fee, which varies by court. If you cannot afford the filing fee, then ask the court clerk for a fee waiver form and fill it out.

Alternately, some courts might mail you the court hearing at a later date and notify all of the parties.

You can typically have the sheriff, a private process server, or someone over the age of 18 serve the papers in person. You will have to pay a fee if you use the sheriff or a process server. Process servers generally cost $45-75; sheriffs usually cost a little less. [7] X Research source [8] X Research source You cannot serve the papers yourself. The person who makes personal service also must fill out proof that they made service. This is usually called a “Proof of Service” form or an “Affidavit of Service. ” Ask the court clerk for the form and give it to the server. Once the signed Proof of Service is returned to you, you should file it as soon as possible with the court.

If you have a lawyer, then you should discuss what kinds of questions the judge may ask you. It is your task at the hearing to convince the judge that your good conduct justifies termination of probation. You must also show that you have reformed yourself. [9] X Research source Your attorney might have ideas about what kind of evidence you could present to support your motion. For example, you might get a character reference letter from an employer, pastor, or other person who knows you.

If you need something to eat or drink before the hearing, then consume all food and drinks before entering the courthouse.

Women should wear a dress, skirt, or long pants with a blouse or sweater. In no circumstances should you wear shorts, hats, halter or see-through tops, flip-flops, belly shirts, torn jeans, or low-hanging pants. Also avoid clothing that has offensive language or imagery on it.

The judge may also have questions for you. You should answer all questions honestly and respectfully. Make sure to address the judge as “Your Honor” or “Judge [last name]. ”

Your probation officer may also attend the hearing and offer an opinion to the judge about whether or not you should be granted early termination of your probation. If the officer doesn’t show up, the judge may want to continue the hearing until the officer can attend. Judges tend to place great weight on the probation officer’s opinion.

You can write, “It is hereby ordered that the probation imposed on the above-named defendant on [insert the conviction date] is hereby terminated. ”

You also might be able to appeal. To determine whether or not an appeal would be worthwhile, you should check with a lawyer.