Early Termination of Probation in Los Angeles – Penal Code 1203.3
I have a lot of clients who are on probation in Los Angeles, and they want to get off probation as soon as possible, so they ask me how they can get their probation terminated early, or I have people call or on the internet trying to get their probation in Los Angeles terminated early.
California Penal Code 1203.3 allows a judge to terminate a defendant's probation ahead of schedule. This statute says: “The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may, when the ends of justice will be served, and when the good conduct of the person on probation shall warrant it, terminate the probation period, and discharge the person so held.”
While there are numerous factors to consider, the key thing to remember is that early termination of probation is indeed a possibility. This knowledge can instill a sense of hope and optimism in you.
Factors Considered to Early Termination of Probation
If you're on probation, a motion can be filed with the judge. You will want to get an attorney to do it if you want the best chance of success. You ask the judge to terminate the probation early.
Obviously, in order to do that, you would have to have met all of the terms and conditions of probation, done everything that you're supposed to do, and not had any new arrests or violations, and then you'll have the best chance to get that probation terminated early.
One roadblock that could exist is the prosecutor. When you work out a deal with the prosecutor through your attorney, a prosecutor will expect the benefit of their bargain.
In other words, if you received the full three years of probation, for example, they'll expect you to serve the full term.
That was their deal. If they didn't give you any jail time and gave you a deal, you're trying to get out of the agreement by shortening your probation.
They're going to say, wait a minute, we didn't give him any probation because we thought they would do the full three years, five years, whatever it is of probation, and now they're trying to get out of that.
They're trying to renege on their word and the benefit of the bargain, Your Honor. We think that you should deny the motion. They often take that position.
Sometimes, if you're doing great on probation, have had no problems, and have a reasonable prosecutor, they may take a different position. It's obviously up to your attorney to convince the prosecutor and the judge to terminate the probation early.
Judge Makes Final Decision to Terminate Probation Early
That's the important thing – that the judge ultimately decides. The prosecutor can argue against it all they want. If the judge feels that you did a great job on probation and you deserve to get your probation terminated early, then you're going to have the best chance to get that.
Having the prosecutor's support can significantly increase your chances of early probation termination. If the prosecutor is in agreement, the judge is more likely to grant your request.
You also have to look at the type of case that you have. That's one significant factor in determining whether your probation might be able to be terminated early. If you have a severe sex crime or some violent felony, it's a lot less likely your probation in one of the Los Angeles courts is going to be terminated early because they want to keep an eye on you.
They want to ensure that you're doing what you're supposed to – you're not making any new arrests – and that's a big hammer hanging over somebody's head. A lot of times, potential prison time is hanging over a person's head.
They don't want to take that away early. They want the person to prove themselves. Show that they cannot have any more issues, and then they'll terminate the probation.
Reduce Felony to Misdemeanor in Los Angeles – PC 17b
Many times, you can get your case reduced to a misdemeanor under California Penal Code 17b, or if it's a wobbler, even expunged from your record.
All sorts of issues surround whether or not a probation can be terminated early. One thing that I've done in a lot of cases is I will ask the prosecutor if they want my client to be in prison, they want my client to plead to a felony,
I'll say, how about after half the probation, you guys agree not to object when we come in and try to get this thing reduced to a misdemeanor? That helps out a lot because once it's reduced to a misdemeanor, you don't have the felony conditions—you don't have to report to the probation department.
You don't have to pay money anymore and there are no travel restrictions. The next step is obviously getting that probation terminated early, but it will be a misdemeanor probation that you're trying to terminate early.
If you're serious about early termination, it's crucial to have a skilled criminal defense attorney by your side. Their expertise and guidance can provide you with the support and confidence you need during this process.
I've been doing this for twenty-five years. I have you come in, and we go over everything. I'm trying to prove to the judge that you're reformed. You're not going to have any more issues, and not only that, you're doing great in your life.
If we have some reason why we need your probation terminated early, that will give us the best chance to do it. We can say listen, they got a great new job. We can't be on probation anymore, so we need to have the probation terminated, and we can show why.
We've got proof of it. Judges will consider that sort of stuff. They want people to succeed, to get off probation and out of the criminal justice system, but they also want to ensure that society is protected, and the best way to do that is to keep you on probation. So, you need to sit down and talk to somebody who's been down this road before and had success.
