When it comes to probation, I've seen terms ranging from a year to five years. On average, if you're charged with a felony in Los Angeles County and placed on probation, it's typically three years.

When the defendant comes in and tries to change the terms of the probation, for example, by attempting to shorten the probation, the prosecutors often object, saying, "That was the deal you made."

We gave you this. You agreed to this. Now, you are trying to change the deal. We can't change the deal. We can't send you to jail for longer. We can't tack on more Caltrans on the back of your sentence, so why should you be able to come in and fool around with the deal that you previously agreed to?

It's important to note that the prosecutor's objection doesn't necessarily mean the judge will not agree to terminate the probation early. In fact, many times when I resolve cases, I'm able to work out a deal that allows for potentially early termination of probation, giving you a reason to be hopeful for a positive outcome.

Sometimes, prosecutors will agree, for example, after eighteen months — half of a three-year probation period — if you've done everything you're supposed to, haven't had any new arrests, and haven't bothered any victims, they won't object to the probation being terminated early. So, that's one angle.

Another angle for getting your probation terminated early is to have a compelling reason, such as wanting to join the Military and being unable to be on probation while serving in the Military. So, that might be a good reason for the judge and the prosecutor to consider agreeing to terminate your probation early.

Factors that Determine Early Probation Termination

One thing that I think is important is that you realize the circumstances that would actually give you a good chance of terminating your probation early. First, you have to have been on probation for a substantial period.

If you receive three or five years of probation and have only been on it for two months, they're not going to terminate your probation. So, you have to actually be on probation for a substantial period, which typically means at least half of your probation term, with no problems. Your compliance is crucial, as it puts you in control of your situation.

Another thing I notice is that people still need to fulfill all the terms and conditions of their probation, yet they're trying to terminate it early. That's never going to happen. Let's say you got one hundred days of Caltrans, and you did forty-two of them, but you now want to terminate your probation. Of course, they're going to do something other than that because then they'd need more power and authority to make the rest of Caltrans comply.

Let's say that you violated your probation multiple times by using drugs, picking up a new case, and not doing what you were ordered to do; you're going to have an uphill battle trying to terminate that probation because you haven't done a good job.

When we file the motion to terminate the probation, we'll want to include the following: You've done everything you were supposed to, you haven't had any new issues, and you've substantially complied with the probation. This will give you a chance to terminate your probation early.

Reduce Felony to Misdemeanor – California Penal Code 17b

Another approach that can be used in some cases is to attempt to reduce the conviction to a misdemeanor, rather than terminating probation early, which is not always feasible. If you're convicted of a felony, you may be able to have it reduced to a misdemeanor if it's the correct type of charge. This is described under California Penal Code 17b.

It has to be a wobbler, which means it's a charge that can be prosecuted as either a felony or a misdemeanor. A wobbler charge is a unique legal term that refers to a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances and the prosecutor's discretion. If it's reduced to a misdemeanor, you no longer have to pay the probation department, report to probation, or travel anywhere you want.

If you get that thing reduced to a misdemeanor, you'd still be on summary probation, but that's just misdemeanor probation – no big deal. So, that's another option instead of trying to go for the whole ball of wax and get the probation terminated early, which is not a common occurrence in LA County. You can try to get it reduced to a misdemeanor, assuming your charge is a wobbler.

There are various perspectives to consider. It depends on the judge you're in front of and who the prosecutor is. So, if you're trying to terminate your probation early in Los Angeles, your first step is to sit down with an attorney who knows the courtroom where your case is pending, because they will be familiar with the judge's tendencies. They're going to know the chances of getting that probation terminated early, providing you with the reassurance and confidence you need. Consulting with a knowledgeable attorney is a crucial next step in your journey to terminate your probation early or potentially reduce your charges.

One key thing is that if you can convince the prosecutor not to object to the probation being terminated early, then you're in a strong position, because the judge is likely to say, "Alright, both parties want to do it." The prosecutor's agreement is a significant factor in the judge's decision.

It's one less case I have to monitor and deal with, so most of the time, the judge will agree to it. However, realize that once you're on probation, you're under the judge's probation. Therefore, the judge has the ultimate authority to determine whether your probation is terminated early or whether your charges are reduced to a misdemeanor, ensuring you are fully aware of the process and the judge's role.

So, that's one of the key things you have to realize – that the judge has the power, and it's up to your criminal defense attorney to convince the judge to terminate your probation early. Understanding the judge's role in this process will help you feel informed and prepared.