California Penal Code Section 1203.3 gives a judge the authority to terminate your probation early. However, it's important to note that these requests are granted only if you can show the court good reasons, which is commonly known as “good cause.” This means that early probation termination is not just a possibility, but a realistic goal that you can strive for, and we are here to help you achieve it.
If you are seeking early termination of your probation, it's crucial to consult with the Los Angeles criminal defense lawyers at Eisner Gorin LLP. Under PC 1203.3, if you are currently on probation, you can file a petition with the court requesting to terminate your probation early. Our experienced lawyers play a crucial role in this process, guiding you through it, ensuring you are well-informed and empowered to make the best decisions for your case. With our support, you can navigate this complex legal process with confidence, knowing that you have a dedicated team by your side.
After you have been convicted of a crime, the court will order a period of probation and a level of supervision, which will vary based on whether your conviction was a misdemeanor or felony offense.
For example, suppose you were convicted of a felony crime in Los Angeles County. In that case, you will be ordered to formal probation, where you will be required to report monthly to a probation officer at the Los Angeles County Probation Department. However, if you were convicted of a misdemeanor offense, you will not typically be required to report to a probation officer.
Frequently, someone who had pleaded guilty to misdemeanor crimes such as driving under the influence (DUI) is put on probation for three to five years. The length of this probation typically makes it very difficult for people to find employment or obtain a professional license.
If you are currently on probation, you may have already experienced being denied certain professional opportunities because of your probation status. However, if a judge decides to grant your petition for early termination of probation, the court will frequently expunge your criminal record, bringing a profound sense of relief and freedom. This significant step can open up new possibilities for your future, serving as a beacon of hope and encouraging you to look forward to a positive future despite the current challenges.
If your case is a felony “wobbler,” which means it can be charged as either a felony or a misdemeanor, the judge could also decide to reduce your felony offense to a misdemeanor. This means that the judge has the discretion to treat your offense as a misdemeanor, which generally carries less severe penalties than a felony.
This includes paying your fines and restitution and completing any court-ordered classes. Now that we have covered a general overview of early probation termination, let's review the process below more thoroughly.
Legal Definition of Early Probation Termination
California Penal Code Section 1203.3 describes terminating probation early as follows:
- “The court has the authority at any time during the period of probation to revoke or modify the order of suspension of imposition or execution of the sentence. The court can also, at any time, when the ends of justice will be served and good conduct and reform of the defendant on probation warrant it, terminate probation and discharge the defendant.
It should be noted that while Penal Code Section 1203.3 gives authority to the court to grant early release from probation “at any time” during probation, most judges in Los Angeles County will want to see proof that you have completed at least 12 months or more of your probation before they will give any serious thought to terminate probation.
The legal process for early termination of probation requires a formal hearing, during which the judge will determine your eligibility. This hearing is commonly known in all Los Angeles County Criminal Courthouses as a “motion to modify probation.”
Your criminal defense lawyer must file a motion with the court and the prosecutor's office at least two days before the requested hearing date. This motion is a formal request to the court to consider your petition for early termination.
The prosecutor, as a representative of the state, will have the opportunity to respond to your motion during the hearing. They may present arguments against your early termination, such as if they believe you are at risk of reoffending.
In some cases, your criminal lawyer can make an appearance on your behalf, meaning you don't have to attend, but this might not be in your best interest. Speak to your lawyer about the strategy.
Eligibility Requirements to Terminate Probation Early
Typically, judges will not grant your petition for early release from probation unless you have met the following eligibility requirements:
- completed all sentence obligations, such as court-ordered classes for domestic violence or DUI school, and counseling sessions;
- You have fully paid all court fines and restitution;
- Completed any community service hours;
- Completed at least half of your probation period. This typically means at least one year of misdemeanor probation, or at least 18 months of felony probation;
- You don't have any new arrests or pending cases;
- You are not on probation for another offense.
If you meet these eligibility requirements above, the court can terminate your probation when your good conduct and reform justify the action. This means the court is convinced that you are not a public safety risk, have learned a valuable lesson, and are moving forward in a positive direction.
'Good conduct and reform' are subjective terms, but they generally refer to your behavior during probation, your efforts to rehabilitate, and your plans for the future. This means you should avoid any further criminal activity, actively participate in rehabilitation programs, and demonstrate a commitment to leading a law-abiding life. Your criminal defense lawyer can help you understand how these terms apply to your case.
Factors Considered to Terminate Probation Early
While the Los Angeles County judge is attempting to decide whether to grant your early termination from probation, they will typically consider several important factors, including:
- Your prior criminal history;
- Whether you have other probation violations;
- The severity of your conduct leading to your conviction;
- Your chances of re-offending;
- Whether your crime was against children or the elderly;
- Whether you are a danger to society;
- Whether probation is causing hardships, such as obtaining employment;
- The exact reasons why you are seeking early release from probation.
Other considerations include whether your probation status is preventing you from taking necessary travel. For example, you may have an ill family member living in another country, and you can't travel while still on probation.
The Hearing for Early Probation Termination
At the hearing, your criminal lawyer will ask the judge to grant your motion for early termination of probation, explaining that your good conduct and reform justify the request and that early release from probation would best serve the interests of justice.
The Los Angeles County prosecutor will also have an opportunity to respond to your motion and could present an argument against granting your motion. After both sides have completed their arguments, the judge will then need to make a ruling.
It's important to note that the judge has wide discretion in ruling on an early termination of probation petition, which should give you confidence in the legal process and the fairness of the decision-making.
If the court discharges your probation status, probation will terminate, relieving you of any further obligations. If the court denies your petition, remember that you can re-petition the court later, if your motion to terminate was not denied with prejudice. This means that there is always a chance for a positive outcome, and we are here to help you navigate this process.
As you can see, the eligibility and process for an early probation termination motion can be complex. Therefore, it's highly recommended that you seek professional assistance. Our Los Angeles criminal defense attorneys at our law firm are here to guide you through this process and increase your chances of a successful petition.
How Can Early Probation Termination Help Me?
We are often asked about the specific benefits of early probation release. While there are the obvious answers, there are a few other major benefits that you may not know.
For example, as soon as you terminate probation, you can seek an expungement of your criminal record. After obtaining an expungement, you can seek employment without a conviction on your record.
This alone could prove very beneficial in securing a job, as most employers will not hire you with a conviction. Additionally, an expungement after early probation termination could assist you in petitioning the court for other relief.
In some circumstances, you might be able to obtain relief from your lifetime obligation to register as a sex offender under California Penal Code Section 290 and have your information removed from Megan's List. It could also help you restore your California gun rights.
There is also another benefit in early probation termination that may not seem so obvious. When you obtain an early release from probation, it ends your risk of being charged with a probation violation. Remember, if you are arrested while on probation, the judge will typically impose a jail sentence for violating your probation, even if you are not convicted of the new offense.
Call our Los Angeles criminal defense law firm to determine your eligibility and discuss other benefits of early probation termination.
Contact our Los Angeles Criminal Lawyers
If you want to file a petition for an early termination of probation and you qualify, you should contact the Los Angeles criminal defense law firm of Eisner Gorin LLP. Having experienced attorneys familiar with the process and who know how to present a convincing argument on your behalf can significantly increase your chances of success.
Our law firm has been successfully assisting clients in early termination of their probation for decades. Let us review your case and probationary status to determine the best strategy. Contact our law office at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776
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