Under California Penal Code 1203.3, a judge has the legal authority to terminate probation early, but it will only be granted if you can show the court “good cause”—that is, good reasons for early termination.
If you are seeking an early termination of probation, call our Los Angeles criminal defense lawyers to review your situation as we could file a petition to the court.
Once you are convicted of a crime, the court will normally order a certain period of probation—a level of supervision—depending on the type of case—either a misdemeanor or felony.
For instance, if convicted of a felony, you will be under formal probation, meaning you have to report to a probation officer every month. If convicted of a misdemeanor, there will be no such requirement.
If you plead guilty to misdemeanor DUI, you will normally be placed on probation for three to five years. This means it could prove difficult to secure employment or get a professional license. If the courts grant your petition for early termination of probation, they will often expunge your criminal record.
In situations where your case is a felony “wobbler,” the court might decide to reduce your case to a misdemeanor. It should be noted that before any judge will grant early termination of probation, you will have to have already completed the terms of your probation. This means paying all your fines and restitution and completing any classes that the court ordered.
Definition of PC 1203.5 Early Probation Termination
California Penal Code 1203.3 defines early termination of probation:
- The court has authority at any time during the period of probation to revoke or modify an 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 when good conduct of the defendant on probation warrants it, terminate probation and discharge the defendant.
It's important to note that while PC 1203.3 gives the court authority to grant early release from probation “at any time,” judges will need to see actual proof you have already completed at least 12 months of probation before they will consider early termination.
The legal process for terminating probation early requires a formal hearing so the court can determine if you are eligible. In Los Angeles County Criminal Courts, the hearing is known as a “motion to modify probation.”
Your criminal lawyer must file the motion with the court and prosecutor's office two days before the hearing date, and they will normally speak with the prosecutor about your request.
Your lawyer may be able to make the appearance at the hearing on your behalf, and you won't have to attend in person.
Eligibility Requirements for Early Termination of Probation
Judges won't normally grant your petition for early release from probation unless you have already met the following eligibility requirements:
- Fully paid all court fines and restitution
- Completed community service hours
- Don't have any new arrests or pending cases
- Not on probation for another offense
- Completed at least half of your probation period
- Successfully completed all obligations, such as court-ordered classes and counseling
If you meet the eligibility requirements, the court could grant early termination of probation if your good conduct and reform justify the action. This is a crucial point, as it underscores the reader's active role in the process. Typically, this means the court believes you are not a risk to public safety and are moving your life in a positive direction.
Factors Considered for Terminating Probation Early
When a judge is considering whether to grant you early termination of probation, they normally take into consideration many different factors to make their decision:
- Severity of conduct causing conviction
- Danger to society
- Prior criminal record
- Other probation violations
- Chances of re-offending
- If the crime was against children or elderly
- If probation is causing hardships, such as employment
- Reasons for seeking early probation termination
There are other considerations, such as travel restrictions preventing visiting members of your family.
Hearing for Ending Probation Early
At the actual hearing to decide on early termination of probation, your criminal attorney requests the judge to grant your motion by explaining that all your good conduct and reform justifies the request for early release and that it serves the best interests of justice.
The prosecutor will also have the opportunity to respond to the motion. They might challenge your lawyer's argument against granting your motion. Once both sides have made their arguments, then it's up to the judge to make a decision. It should be noted judges are given a lot of discretion in ruling on a petition for early termination of probation.
If the court decides to discharge your status of probation, it will bring a sense of relief and freedom, relieving you of any further obligations. If they deny the petition, you can re-petition the court at a later date, keeping the door open for a positive outcome.
Learn How We Can Help You
There are many benefits to getting your probation terminated early. For example, you can now seek an expungement of your criminal record, which could significantly improve your employment prospects, motivating you to take this step.
Additionally, you may be able to obtain relief from mandatory lifetime registration as a sex offender under California Penal Code 290 and removed from Megan's List.
It might even help you restore your California gun rights. Early probation termination also increases your risk of being charged with probation violations.
If you wish to file a petition for an early termination of probation, contact our Los Angeles criminal defense law to determine if you are eligible and to discuss options. We are familiar with the process and might be able to make a persuasive argument to give you the best chance of success.
The eligibility and process for an early probation or termination motion can be complex. We will review your situation to determine the best strategy for filing a petition.
Cron, Israels & Stark is a criminal defense law firm with decades of combined experience and a track record of success. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Call our office for a free case consultation at (424) 372-3112, and rest assured, you are in capable hands.
