To obtain an early termination of probation in California, you should hire a lawyer and build a case stating why you are a candidate deserving of ending your probation period sooner rather than later. In California, can you get off probation early?
It depends on the details of your case, so if you want to get started with this process, talk to a Burbank criminal defense lawyer. Your attorney can show that you’ve been adhering to the terms of probation leading up to your termination request.
What Is Probation and How Is it Supposed to Work in California?
Probation is part of the sentence you are given upon being convicted of a crime. It can be used in one of two ways:
- As a sentence served instead of jail time
- As an additional penalty served after completing jail time
Either way, probation consists of a period of time during which you are required to prove yourself and your ability to follow the law. Probation is typically many years long, though it may be formal or informal—also known as supervised and unsupervised, respectively.
There are generally specific conditions you have to meet—notably, not committing any more crimes while on probation. However, most probation sentences come with much more complicated conditions.
Some of these conditions may be hard to meet, while others can cost you a lot of money. For instance, if you are ordered to attend mandatory classroom courses, you will have to pay for them yourself.
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Penalties for Breaking Probation
If you violate your probation according to Penal Code 1203.2 PC | Probation Violations, you might end up facing many penalties. As a result, when you break the terms of your probation, you are putting yourself at serious risk of further consequences.
Many factors will be taken into consideration before the court decides your punishment for going against the terms of your probation. The court also has wide discretion when it comes to choosing the penalties for a probation violation.
For instance, the court can impose any punishments that were suspended in favor of probation during the original trial. However, the court can also impose new punishments, including the following:
- Extended probationary period
- Expensive fines
- Time spent in jail
The worst consequence is the revocation of probation altogether. Revocation means that the offender will instead serve out the remainder of their sentence in jail.
This means that probation can often serve as a hook that pulls people back into the criminal justice system, even when they are trying to live an honest life. It is important to be aware that a probation violation must be both significant and intentional for revocation to occur.
If you accidentally miss a mandatory course or fail to complete community service due to forces beyond your control, it is unlikely that your probation will be revoked.
How Can I End My Probation Early?
Probation is not only expensive, but the experience can also be frustrating, especially when it interferes with your ability to move forward with your life. If you’d like to try to end your probation period early, you can request that the judge terminate your probation earlier than planned.
Technically speaking, you can pursue this at any point after being sentenced. However, a judge is unlikely to grant your request unless you have completed at least half of your probationary period.
That way, you can prove you are not a re-offending criminal but instead, you are capable of leading a stable and law-abiding life. Otherwise, the judge is likely to turn down your request. Here’s how to apply for early termination:
- File a motion for early termination
- Give the prosecutor at least two days’ notice
- Prepare supporting evidence on your behalf
Just know that your request for early termination is entirely subject to the judge’s discretion. The judge can modify or end your probation period, but only if doing so will serve justice. To apply, you or your attorney must file a motion with the court.
What Kind of Evidence Do I Need to End My Probation Early?
Here are examples of supporting evidence that can help you end your probation period early:
- Proof that you have not re-offended or committed any new crimes
- Proof that there are no other unresolved criminal matters in your name
- Documentation showing that you have completed all court-ordered requirements
- Documentation that you have paid restitution to the victims if it was ordered
If you can show that you are employed, active in your community, and living a responsible life, that’s even better. Letters from clergy members, your employer, community leaders, or your neighbors can strongly help your case for early probation termination as well.
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Valid Reasons for Early Probation Termination
One of the most common reasons for requesting early probation termination and expungement of a criminal record in California is that the probation is interfering with your ability to find a job or receive a promotion.
Another common reason for requesting early termination is that you need to move. Early termination requests are most likely to succeed if you have not had any probation violations, though you can apply either way.
You will need to show that you have straightened out and are working to be a law-abiding member of society.
Call a Burbank Criminal Defense Attorney to Work Toward Obtaining an Early Termination of Probation in California
Ending your probation is an important step toward freedom. If you’re eager to prove that you are ready to move forward with your life, reach out to Simmrin Law Group as soon as possible. Don’t let your probation requirements hold you back from making progress.
We can help you prepare an application that shines a favorable light on you and your willingness to uphold the qualities of an upstanding citizen. Reach out today to learn more about us and how our law firm can work toward terminating your probation early.
Call or text (310) 896-2723 or complete a Free Case Evaluation form