A court retains the discretion to place a defendant who has been convicted on criminal charges, most misdemeanors and some felonies, on a period of probation and impose sentencing obligations. If the court grants the probation, it will retain jurisdiction to enforce the sentencing terms. However, not all defendants have to carry out the full term of the probation. Under California Penal Code 1203.3, the court has the powers within its discretion to terminate probation early.
How to Terminate Probation Early
Criminal defendants may petition the court to terminate the probation sentence if they have completed all their sentencing obligations, such as paying all fines or fees, restitution, community services and counseling. While state law does not mandate any statutory requirements, courts generally require that a defendant must have completed at least half of his or her probationary period before filing a motion to terminate probation.
In addition to the above requirement, the court also takes into consideration whether the defendant violated any parts of his or her probation. This is important because in order to terminate probation early, the court must be confident that the defendant is fully rehabilitated. If a defendant has violated any parts of his or her probation, it is a clear indication that he or she may not be fully rehabilitated. A probation violation serves as good reason to deny the early termination request.
How To Terminate Probation Early
In order for you to terminate probation early, you need to file a motion in the sentencing court outlining the specific reasons why the court should grant the relief. Most courts balance a defendant’s need for termination versus the need to ensure that the defendant has been fully rehabilitated. As such, it is important for you to have a compelling reason for an early probation termination.
You must timely serve the motion upon the prosecutor and provide him or her a sufficient opportunity to contest the petition. Common oppositions from prosecutors include:
-Whether the defendant has a prior criminal history
-The severity of the criminal charges in the instant case
-There have been multiple probation violations
If the judge grants your request to terminate probation early, your probation will terminate forthwith. While you are not required by law to hire an attorney to submit a motion to terminate probation, it is in your best interest to do so. When you hire an attorney, the odds are more in your favor that the court will grant the request.
Call an Experienced Stockton Criminal Defense Attorney
If you or someone that you care about has been convicted of a crime and is now seeking to terminate his or her probation early, it is imperative that you immediately hire an experienced criminal defense attorney to help protect your legal rights and ensure that you have the best defense possible to avoid a criminal conviction.
For more information or to schedule a complimentary consultation with Stockton criminal defense attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.