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When I discharge off of probation, will my Motion To Revoke be dismissed, as long as I have successfully completed my terms?
Anonymous7 views3 answers
I discharge off probation in early December '15. Last year, I had a motion to revoke filed against me - however, instead of revoking me, they sentenced me to 180 days of work release, which I am successfully completing. However, they kept the Motion to Revoke open just in case I messed up while still on probation, which I have not. Will this Motion to Revoke be dismissed once I successfully discharge probation?
It sounds unusual that they would keep the revocation "open" after they have imposed a sentence. If you discharge your probation, it depends if the court has jurisdiction over you any further. If they do, they can still keep a revocation open, although there may not be much to "revoke"
If they are happy with you the probation will be discharged and the 'open' motion to revoke will get closed right along with your probation. Once your probation is discharged there is nothing left to revoke.
It appears that you were not revoked from probation in lieu of you going to jail for 180 days as part of an agreement which I am assuming was agreed upon by the Distric Attorney's office and yourself and if that is the case and both sides follow through with what was agreed upon, then you should be able to successfully complete your probation term and thereby be released from probation.
