Gainesville, GA asked in Criminal Law for Georgia

Q: I had a felony first offender probation of 5 years(2019). Got notice my CS obligation was terminated after 3 yr. Means?

This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?

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1 Lawyer Answer

A: I would need more context to understand exactly what is going on. However, this may be Early Termination under SB105. SB 105 helps individuals who no longer need to be on felony probation move on with their lives.

Here is a quick breakdown of SB105. Take a look and see if this applies to your situation.

Are you on felony probation? Have you served at least 3 years of your probation sentence?

If so, you may be eligible for early termination of your probation.

Do you meet the following criteria?

1. No new arrests (besides non-serious traffic offenses)

2. No probation revocation in the past 24 months

3. Paid all restitution

*You may be able to terminate your probation early even if you still owe fines and fees, but restitution

must be paid.

If you have served at least 3 years of your felony probation sentence and meet the above criteria,

you might be eligible for early termination of your probation sentence.

If you meet the criteria above, here’s what to expect:

• Your probation officer should submit an order to terminate your probation to the court that sentenced you.

• The Court must grant the order to terminate your probation unless the prosecutor or the Judge requests a

hearing within 30 days.

• If a hearing is requested, it will be scheduled within 90 days. At the hearing, you will be able to present to the Judge why you should no longer be on probation.

• If a hearing is requested by the prosecutor or the Judge, it will still be the Judge’s decision whether to

terminate your probation early.

What should you do if you are eligible for early termination?

• Contact your probation officer and request early termination if you meet the criteria above.

• If you are still experiencing issues requesting early termination, reach out to DCS directly at

early.termination@dcs.ga.gov.

If you have questions, contact your attorney.

The Georgia Justice Project (GJP) is another great resource for those who can't afford an attorney.

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