Staten Island, NY asked in Criminal Law for New York

Q: My case is from 1985 I’m on federal parole I need help terminating my parole

Related Topics:
1 Lawyer Answer
Peter Wade Kolp
Peter Wade Kolp
Answered
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: Can you terminate New York probation early?

Yes. New York law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)

New York Shorten Probation:

Law> New York Law> New York Code> Criminal Procedure> Sentences Of Probation, Conditional Discharge And Parole Supervision> Termination Of Sentence.

New York Criminal Procedure § 410.90 Termination of sentence.

1. The court may at any time terminate either a period of probation,

other than a period of lifetime probation, for conviction to a crime or

a period of conditional discharge for an offense.

2. The court may terminate a period of probation for a person who is

subject to lifetime probation and who has been on unrevoked probation

for at least five consecutive years.

3. (a) The court shall grant a request for termination of a sentence

of probation under this section when, having regard to the conduct and

condition of the probationer, the court is of the opinion that:

(i) the probationer is no longer in need of such guidance, training or

other assistance which would otherwise be administered through probation

supervision;

(ii) the probationer has diligently complied with the terms and

conditions of the sentence of probation; and

(iii) the termination of the sentence of probation is not adverse to

the protection of the public.

No such termination shall be granted unless the court is satisfied

that the probationer, who is otherwise financially able to comply with

an order of restitution or reparation, has made a good faith effort to

comply therewith.

(b) The court shall grant a request for termination of a sentence of

conditional discharge under this section when, having regard to the

conduct and condition of the defendant, the court is of the opinion

that:

(i) the defendant has diligently complied with the terms and

conditions of the sentence of conditional discharge; and

(ii) termination of the sentence of conditional discharge is not

adverse to protection of the public.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.