Early Termination of Probation
Once convicted of a criminal offense, you are typically put on probation
for a set period of years. If you were convicted of a misdemeanor, in most
cases, you were placed on three years probation. For felonies, the typical
probation period is also three years, although it can be up to five years.
Besides the amount of time you were placed on probation, the main difference
between misdemeanor and felony probation is that misdemeanor probation is informal
(or “summary”), while felony probation is formal, meaning you will have to
periodically check in with a probation officer.
Regardless of whether you have been placed on felony or misdemeanor probation,
you do not necessarily have to remain on probationary status for that entire
period of time. Once you complete all of the terms of your probation, such
as paying off fines/restitution and completing any jail time or programs such
as anger management, alcohol programs, etc…, you may be eligible to apply for early
termination of probation. This is made possible through an application
to the court under Penal Code Section 1203.3. While this section states that
the court has the authority to terminate probation “at any time,” most courts
will not even consider granting the motion until the probationer has served
out at least half of his/her probation time and completed all terms of his/her
probation. Furthermore, early termination of probation will generally not be
granted if probation was violated at any time.
If you are interested in discussing the probability of terminating your probation
early, contact WILL & WILL, LLP for a free consultation today. We will
be able to provide you with an evaluation as to whether you are eligible for
this type of relief. Once you have retained WILL & WILL, LLP, we will file
a motion with the court pursuant to penal code section 1203.3 which explains
both the legal and factual grounds for why you should be granted an early termination
of probation. The knowledgeable and experienced attorneys from WILL & WILL,
LLP will then appear in court to argue your case. Remember, having your probation
terminated early is a privilege, not a right, and it is up to the discretion
of the judge whether or not to grant the motion. Thus, it is vital that you
have a skilled and dedicated local attorney on your side.
Finally, once your probation has been terminated, you may also apply for a
reduction of a felony and/or an expungement of your record.
