PROBATION NJ, EARLY TERMINATION OF—N.J.S.A. 2C:45-2
Early Probation – Need to obtain Early Release from Probation for a career opportunity? I may be able to help you. I have been practicing criminal law for 26 years and have handled this type of case. Please contact me at (732)-337-7922.
ILLUSTRATIVE EXAMPLE: PROBATION NJ, EARLY…
If you were convicted two (2) years ago of a third (3rd) degree crime and sentenced to a noncustodial (no jail) term of three (3) years of probation. You now wish to earnestly wish to enlist in the United States Marine Corps but the recruiter is telling you that this matter must be completely resolved before you can successfully enlist. Is there some way you can get the court to terminate your probation in the near future?
PROBATION, NJ, EARLY TERMINATION
Period of suspension or probation; modification of conditions;discharge of defendant—N.J.S.A. 2C:45-2
a. “When the Court has suspended imposition of sentence or has sentenced a
defendant to be placed on probation, the period of suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more that five years whichever is lesser. The period of probation shall be fixed by the court at not less than 1 year nor more than 5 years. The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of suspension or probation, the court, on application of a
probation officer, or of the defendant, or on its own motion, may (1) modify the requirements imposed on the defendant; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or probation or the earlier
discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph (b) (11) of N.J.S.2C:45-1
in which event the court may order that the probationary period be extended
for an additional period not to exceed that authorized by subsection a. of this
section.
(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1,
in which event the court shall order that the probationary period be extended
for an additional period not to exceed that authorized by subsection a. of this
section.
The extension may be entered by the court without the defendant’s personal
appearance if the defendant agrees to the extension.”
The answer to the question is YES, provided that (1) you have already successfully completed at least 50% of the probationary term and (2) you have not been arrested or re- arrested and (3) you have paid all fines, restitution and costs imposed by the court and (4) your probation officer approves.
However, you should retain a skilled and experienced attorney to represent you who can maximize your chances of success by working with your probation officer and the court.
