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How to Terminate Your Probation Early in 5 Simple Steps

Should you be placed on probation, your daily life will feel as if you're walking a tightrope. Even an innocent mistake could result in experiencing severe consequences. It could result in spending time in jail or prison. The law in California makes it possible to get an attorney who can prepare a legal motion to end your probation earlier than intended. This can happen even if you are on supervised or informal probation. If you can get early termination of your probation, you will no longer need to worry about the additional burden you must deal with every day. It will be key to having a normal life.

First Step: Consult Experienced Defense Lawyer

An experienced criminal defense attorney can help you in many ways:

  • They know how to file a request to a court for your probation to be terminated early.
  • A lawyer will know how to make the best possible case before a judge during your hearing.
  • They will know how to navigate the legal process properly.
  • A lawyer will know how to develop a convincing argument as to why you should have your probation terminated early.

An experienced attorney will also know what paperwork needs to be filed, and when it needs to be filed. This will get your case placed on the court's calendar. They can make certain no necessary steps are missed.

Second Step: Maintain A Clean Record

Under California Penal Code Section 1203.3, you could have your probation terminated. You could be discharged from it if you show good behavior and have been reformed. A probation termination does not automatically get granted. It will be up to a judge and their discretion to determine the outcome of your case.

To succeed, your lawyer will have to convince a judge you deserve to have early termination for your probation. This will be a much easier task if you have stayed out of trouble and obeyed all of your probation's terms. This includes making restitution payments, paying fines, going to every mandatory counseling session, and more.

Third Step: Serve Half Of Probation

You can legally apply for an early probation termination at any time. There is no law in place that demands a certain percentage of your probation be served before you can request an early probation termination. It is common for a judge to not grant any request for early termination unless at least half of a probation term has been served.

Fourth Step: Petition The Court

For a court to review your case involving early probation termination, you must have your attorney make a formal request. Your attorney will have to provide the court with a compelling reason why you should be granted an early release from the term of your probation sentence.

In most cases, you will have to prove how you are going to experience some injustice if your early release is not granted. Many times people will explain how it could have a negative effect on their employment and more. A notification of your case will have to be sent to the district attorney. They are going to be given a chance to oppose your request for early probation termination. A knowledgeable lawyer knows how to file the motion properly and successfully argue your case.

Fifth Step: The Hearing

After all of the necessary paperwork has been filed, a date is set for the hearing. This is when your attorney can argue your case before the court. The judge will be looking at the crime you were convicted of committing. Your conduct during the time you have been on probation will also be discussed. You may have to deal with a prosecutor who is voicing their opposition against your early probation termination. Once the judge has heard from both sides, they will make their decision.

It is possible a lawyer may make such a convincing case that a judge will order probation immediately terminated. A judge may also deny your motion. The judge could determine the crime you committed makes it necessary for you to spend some additional time on probation. They could rule that if you maintain a clean record during some additional time, they will permit you to file again. At that time, they will grant your request for a probation termination.

Work With an Experienced Attorney Today

Should you want the best possible chance to have your probation terminated, you should contact the Law Office of Mark Raymond McDonald, Esq. Our team will be able to assist you in working towards an early probation termination.

Call us today (909) 443-1599 to learn more over a consultation.