When the court sentences a defendant to probation in California, the court retains jurisdiction to terminate that probation early. Early probation termination does not happen automatically, and it can be challenging to convince a judge to do it. A skilled criminal attorney can help.
What is Probation?
Probation is a list of terms for the defendant to complete in lieu of being sentenced to jail or prison. Most misdemeanor cases result in one year of summary probation. Domestic violence and DUI cases will have longer probation terms, up to five years. Most felony cases are eligible for two years of probation, but some cases can be longer.
If a defendant violates probation, the court can sentence them to jail or prison time. While a defendant is on probation, the case is not eligible for dismissal of the case pursuant to Penal Code section 1203.4 (commonly called an expungement). After an early probation termination, the case is eligible for dismissal.
Early Probation Termination Considerations
When we consider filing a motion for early probation termination, we look at a couple of factors:
(1) Did the defendant complete all affirmative obligations of probation?
(2) How is the conviction and probation status holding the client back? This can be an impact on employment, schooling, child custody, travel, or a variety of other concerns.
(3) How much time has passed since the grant of probation? Conventional wisdom says we should wait for at least half of the probation term to expire before we file a motion for early probation termination.
Motion for Early Probation Termination
When we file a motion for early probation termination, we have to convince the judge that it’s the right thing to do. We highlight the client’s performance on probation, lack of other criminal history, and commitment to a positive lifestyle. We attach documents to the motion, demonstrating the good things the client has been doing and how the case is holding them back.
In one recent case, our client had been denied for several jobs because of a domestic violence conviction from 20 months earlier. She was on 36 moths of probation. We filed a motion for early probation termination at the Airport Courhouse and convinced the court to grant it.
In another case, our client was an actress who needed to travel to Canada for a role. She was on 36 months of DUI probation. We filed a motion at the Glendale Courthouse and convinced the court to grant early probation termination so that she could travel for work.
In another case, our client was applying to nursing school. Being on probation was holding up her applications. We filed a motion at the Long Beach Courthouse and convinced the court to grant early probation termination.
Courts are hesitant to grant these motions, especially in DUI and domestic violence cases, so it is important to frame the issue to demonstrate the impact of the case on the individual. Judges frequently tell us, “I don’t usually do this, but in this case I’m going to grant the motion.”
Penal Code section 1203.3 allows the court to terminate probation in the interest of justice.
Our experienced criminal defense attorneys have gotten early probation termination motions granted in a wide variety of cases throughout Los Angeles County and Orange County. If you have a case where you’re on probation and that is holding you back from moving on with your life, please contact us at (323) 529-3660 today!
