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How to Terminate Probation Early in Criminal Cases

Posted by Ronald D. Hedding, ESQ. | Dec 03, 2019

For many individuals on probation in Los Angeles County, the prospect of early termination is a beacon of hope. They yearn 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 a sign of your commitment and responsibility. It's a crucial step towards gaining the court's trust and increasing your chances of early termination.

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

The way to do it is to 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, and they're being hindered from getting a new job because they're on probation.  It can be for a variety of reasons, but usually, the judge is going to look at why they want to do this.  Have they completed all of the terms and conditions of probation and are now just waiting for the time to expire?

Completed At Least One Half of Probation Period

Another huge issue when trying to terminate your probation early is how long you were 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 get a three-year probation and you've only done six months, it's not going 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 then the probation terminated, now you're in a good position.

Also, if you get your felony case reduced to a misdemeanor, now you're just 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 a lot easier to deal with.

File Motion to Terminate Probation Early

When we file our motion to terminate your probation early, we ask the court for a court date, tell the court clerk, and put in case law that shows the judge obviously has the authority and discretion to terminate your probation early.

Terminate Probation Early in California Criminal Cases

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

The courts will usually get a supplemental probation report from the Probation Department saying how you've been doing on probation.  They'll also have the Probation Department or the prosecutor or even the clerk, run your criminal record to make sure 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 file our motion.  We put all of 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 get the probation office involved as well because they will 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 sees that the person is doing a great job, it suggests to the person and the court that they try to terminate 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 early termination efforts.

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.  So, make sure you go through your attorney.  Let him know you want to terminate your probation early.  Most attorneys will charge a fee for this — for their time to go into court to deal with it and strategize it, but it's well worth the money if you can get your probation terminated early.

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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