Nebraska Order Releasing Defendant on Earned Probation
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FAQ
The court has discretion in determining the sentence to be imposed and considers several factors in determining the appropriate sentence: Age, mentality, education, experience, social and cultural background, past criminal behavior, past law-abiding conduct, motivation for the offense and the nature of the offense.
§ 29-2263(1) and (2), the court may consider early discharge at any time. The court shall consider early discharge of eligible probationers, upon application, who have served at least three-quarters of the period of probation and after review of a discharge summary received from the probation office.
If you continue to violate your probation by failing drug tests, your probation officer may decide to request that your probation is revoked. A judge will make this decision and then they will decide what your punishment will be. Typically, you will have to finish your sentence in jail if your probation is revoked.
If the MRO makes a determination that a medical condition precludes you from providing a sufficient amount of urine, the test may be cancelled, and it would not be considered a refusal.
While on Nebraska probation you must abide by all standard conditions of probation which apply to everyone on probation and typically include things such as: Reporting to a probation officer. Random drug and alcohol testing. Maintaining employment. Paying fines, costs, and fees. Not committing any new crimes.
If the court finds that the probationer violated a condition of his probation, it may revoke the probation and impose such new sentence as might have been imposed originally for the crime of which he was convicted.
