Before you even consider asking for early termination make sure all the terms of your probation are met. If they are not all met then be ready to explain why. Do not try to reargue your case. There is no quicker way to get the motion denied. The one thing that sounds funny but isn’t is to make sure this motion is written. Many people will call the judge to get a date to get on his calendar to have the motion heard. The judges chamber may give you a date but if it is not written the judge does not have chance to hear your argument before hearing and will hear the argument for the first time at your hearing. This increases the chance of the motion not going well. Even if you negotiated early term in the plea agreement it will not end until you put the motion and have it heard. Putting the motion in written form only helps you and there is not reason not to take advantage of this. I’ve been practicing law for over twenty years and no one will be able to convince me that shooting from the hip is ever better than being fully prepared.
When you prepare the written motion you want to keep it as simple as possible. You are first going to explain the terms of your probation. You then want to point out that you are past halfway point assuming you are. You make sure you write how your probation is going. Whether there have been any violation. You are required to get your probation officers position on it so write in you motion there position after you get it from probation. You then ask for the early termination. After this is done the motion is filed. Make sure you find out if you will have to efile. If you are a lawyer you are required to efile. Pro se litigant sometimes don’t have to. After this is done mare sure you get a copy to the judge and state. Find out from the state what there position will be. This will tell you how to prepare your argument. Once all this is done you call the judges chamber and get a court date for the motion. I will let you in on a secret the shorter the motion the quicker you will probably get a court date.
So now you have you motion filed you have your court date and are now waiting to be heard. If you are doing it yourself I suggest you go to the courtroom and watch the judge. What he likes and what he doesn’t like. This will help to prepare argument by showing you what not to do or what not to say. This in many instances could be just as important as knowing what to say. Practice what you will say when you are asked about any problem areas. Remember be honest and sincere. Judge hears a lot of people trying to lie to them so they can see right through it.