I am currently on a 5 year term of felony probation in Hennepin County. I am now over 70% done with my term, and am looking to figure out how to make a motion with the judge. I can't afford an attorney at this point. I have imposition stayed, and this will become a misdemeanor by operation of law, and I have a job willing to hire me soon, if it goes to a lower level.
I am not just looking to write a letter or motion to the judge, unless that is all I can do. I would like a hearing in court, so I can speak as to why I think an early discharge is warranted. How do you make a motion with the court for hearing, and what forms are needed to make this possible? Or is it that all you can do is submit a very short request and the judge must decide? I'd rather have a hearing to speak for myself.
Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
Five years is on the short side, for felony probation. That will make it more difficult. Most of the time, a judge will agree with the probation officer. Therefore, discuss this desire and the reasons for it with the probation officer. Seek his or her support in this request. If you get it, the judge will likely approve it. The probation officer may be willing to submit the request for to the judge for you. If the probation officer supports this, and makes the request, a hearing may not be needed. If the probation officer says he or she will not support it or make the request for you, then ask if he or she would oppose the request if you made it? If the response if "I won't oppose it," that might be a form or lukewarm support. Then you or your lawyer can prepare a written motion, schedule a hearing, and file it with the court.
Search the web for hennepin county court forms. Under criminal forms you might find a form motion for review of sentencing form or a general motion. You can fill out the motion and file it with court and send a copy of it to prosecutor. Make sure you provide notice of date and time of hearing to prosecutor.
You must file a Motion for an early discharge from probation. In most cases, if it is an active probation, you should seek an agreement from your probation officer to support the early discharge. Without that consent, the likelihood of any Judge allowing an early release is extremely unlikely.
I do not believe that there are any forms online that specifically adress such a Motion. You would have to review existing Motions and modify them to fit your needs.
