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Early Termination of Probation
What is it?
It is a court order providing for an early termination of probation and discharge of the person.
Who is eligible to apply?
A person serving probation who has demonstrated good conduct and reform.
What are the requirements?
The person must be able to provide the court proof of two things: first that the person successfully completed the terms of probation and second that the person’s specific circumstances warrant an early termination of probation.
How can you prove successful completion of the terms of probation?
The best way to demonstrate successful completion of the terms of probation is by living a productive and law abiding life. By making sure to complete any classes ordered by the judge, pay all the fines imposed by the court, including restitution to the victim.
How can you prove that your specific circumstances warrant early termination of probation?
The best way to demonstrate justification for early termination of probation is thru the hardships that result from the restrictions on the person. By showing that the terms of probation keep the person from retaining a job, obtaining a job, or receiving a promotion at work.
How long must you wait before applying?
The court has complete discretion for early termination of probation. The norm is for the court to require 12 months before considering early termination of a misdemeanor or 18 months before considering early termination of a felony.
What is the procedure for P.C.§ 1203.3 (a)?
A person requesting early termination of probation must file a motion requesting a hearing with the court. The motion will consist of a notice, points and authorities, a declaration, and an order. The hearing will consist of a judge reviewing the seriousness of the person’s conviction, the person’s criminal and social history, the defense’s argument for the motion and the prosecution’s response to the motion.
What are the benefits that result from P.C.§ 1203.3 (a)?
As soon as the person obtains early termination of probation and is discharged, the person is eligible and may simultaneously apply to expunge the conviction from his or her criminal record.
Who should you contact?
Probation is a great alternative to serving time in custody. However, serving time on probation can certainly take a toll on a person. You are working to be a productive member in the community but the restrictions imposed on you by your probation are getting in the way. At Monder Law Group, we understand your predicament. Our attorneys will work with the prosecution and your probation officer in order to do everything in our power to demonstrate the merits of early termination of probation in your case.