For many individuals on probation in Los Angeles County, the possibility of early termination is a ray of hope, promising relief from the constraints of probation. They long to move forward, secure employment, and leave their probation behind. The desire to have their cases expunged or dismissed is a testament to their determination to start afresh. Early termination of probation, as outlined in California Penal Code 1203.3, offers a path to this freedom.

Early termination of probation is a possibility, but it hinges on meeting all the conditions set by the court.  Fulfilling these obligations, agreed upon during plea negotiations, is not just a sign of your commitment but also a demonstration of your responsibility. It's a crucial step towards gaining the court's trust and increasing your chances of early termination.

For example, some individuals are required to pay restitution in a criminal case.  They're trying to get their probation terminated early.  It's not going to happen.  You need to pay off the restitution, and then you'll be in a much better position to try to get your probation terminated early.

To achieve this, have your attorney file a motion on your behalf, requesting that the probation be terminated early.  Explain what you've done, what type of life you've led since you were put on probation — how cooperative you were — and also, usually, to have any chance of getting this motion granted, you're going to have to explain why you want to terminate your probation early.

Sometimes, people want to move to a different state.  Sometimes, people want to get a new job, but they're hindered from doing so because they're on probation.  There can be various reasons, but the judge will consider the motivation behind this request.  Have they fulfilled all the terms and conditions of their probation and are now just waiting for the time to expire? Understanding the significance of these reasons can prepare you for the process of early termination.

Completed At Least One Half of the Probation Period

Another significant issue when attempting to terminate your probation early is the length of time you have been on probation. If you have a three-year probation and you've already done two and a half years, now you're in the ballpark to try to get that probation terminated early.  If you receive a three-year probation and have only served six months, it's unlikely to happen.

The argument against terminating our probation early—and obviously, you should know this because then you can try to combat this argument—is that you worked out a deal with the prosecutors. Part of that deal was that you had to be on probation for a certain period.

So, why should you now go back and be able to renege on that deal when that was what you originally agreed to?  So, that's what you have to argue against because usually, that's what the prosecutors are going to argue when you try to come into court requesting to terminate your probation early.  So, it would be best if you had a good reason why you want to terminate your probation early.

Reduce Felony Case to a Misdemeanor – PC 17b

Also, another thing to be cognizant of when you're considering terminating a probation early is whether you can first request that the judge reduce your matter to a misdemeanor.  Because if the case can be reduced to a misdemeanor and the probation is terminated, you're now in a good position.

Additionally, if your felony case is reduced to a misdemeanor, you will then be on summary probation.  You don't have to report to the Probation Department.  You don't have to pay any money.

You can travel at will without having to alert the Probation Department or get permission from the judge.  So, that's another thing to consider if you want to get rid of some of the things that are bothering you about being on felony probation.  For example, you can try to reduce the case to a misdemeanor, and then you'll only be on summary probation, which is much easier to manage.

File Motion to Terminate Probation Early

When we file our motion to terminate your probation early, we request a court date, notify the court clerk, and include case law that demonstrates the judge has the authority and discretion to terminate your probation early.

We show exactly what you've done while on probation, and then, of course, the most important aspect is that we provide the reason why we want your probation terminated early.

The courts will typically receive a supplemental probation report from the Probation Department, which outlines your progress on probation.  They'll also have the Probation Department, the prosecutor, or even the clerk run your criminal record to ensure that you don't have any convictions while you've been on probation.  They're also going to look at whether you have had any probation violations while you've been on probation.

Internal probation violations would be that you didn't comply with one of the terms and conditions that the judge ordered you to comply with. This could include missing a court-ordered counseling session or failing to pay restitution on time.  

An external probation violation would be that you picked up a new case, for example, and went against the obey all laws portion of your probation that everybody is ordered to comply with — that they cannot pick up any new criminal cases. Understanding these distinctions can help you navigate your probation period without any hiccups.

So, it's definitely possible to get your probation terminated early.  It's typically not easy, though, because the prosecutors are there standing in your way.  We filed our motion.  We have outlined all the reasons why.  We submit character letters.  We submit information about you, your job, your future, and your family, and we file that with the court.

We serve a copy on the prosecutors, and often, we'll have to involve the probation office as well, because they'll usually write a report for the job and can recommend terminating your probation early.

In fact, a lot of these early probation termination motions originate from the probation department. When the probation department determines that the person is doing a great job, it suggests to both the person and the court that they consider terminating their probation early. The probation department's recommendation can carry significant weight in the court's decision, making their support a valuable asset in your efforts to secure early termination.

But that's not a foregone conclusion.  Just because the probation department wants to get rid of you and get you off probation because you're doing a good job, doesn't necessarily mean that the prosecutors will agree to that. It doesn't necessarily mean that the judge will agree to it.

Contact the Hedding Law Firm for Help

It certainly puts you in a good position, but you want to make sure that the motion is filed the right way and that your advocate—your attorney—goes in there and argues it for you, because another thing they're going to look at is what the underlying case was.

Sometimes, in some of these cases, they really feel the person should be on probation and should be watched for the full probationary period, especially in sex crime cases and domestic violence cases; prosecutors and judges are worried about terminating probation early because then they're afraid that the person will then go and pick up some other case and then they're going to be looked at in a negative light because they terminated that probation early.

So, these are things you have to consider, and the best individual who sits in the best position to make the strongest argument for you is your attorney.  Therefore, ensure that you consult with your attorney.  Let him know you want to terminate your probation early.  Most attorneys will charge a fee for this, as it requires their time to attend court and strategize, but it's well worth the money if you can get your probation terminated early.