To be eligible for Early Termination of Probation, ordinarily, the court likes to see that you have completed at least half of the time of your probationary period, that you have not violated the terms of your probation, you have lived an honest and upright law-abiding life since your conviction, and that it would be in the interests of justice to terminate the term early. Extraordinary circumstances may allow you to terminate your probation even earlier than that.
The court has the discretion to modify a person’s probation term at any time:
Penal Code § 1203.3(a): 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 at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held. The court shall also have the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person s term.
The court will only grant a modification of probation and terminate the probation if there is a change of circumstances such that it would be in the interests of justice to terminate the probation. For example, the person has just been hired by a company in a different jurisdiction, the person has just been accepted by a graduate school outside of the county, the person wishes to join the military, etc., and it would be a burden for the person to continue being on probation and it would be in the interests of justice to terminate the period early and successfully.
In addition, the person generally must show that they have led a law-abiding and upstanding life since the conviction. Where a person has done nothing positive during the period of probation, there is no change of circumstances (other than time), and where the person cannot demonstrate a law-abiding life since conviction, the court will be less willing to make the extraordinary order of terminating probation early.
Lastly, a person may petition the court for Early Termination of Probation, a reduction of the charge (Penal Code § 17(b) if it’s a felony), and an Expungement at the same time.
- The client will discuss his or her eligibility with a criminal defense lawyer, including what circumstances justify the modification of probation
- The lawyer will file the Motion for Early Termination of Probation with the court, District Attorney’s Office, and Probation Department.
- A hearing will be held, where the judge will decide the person’s eligibility and whether it would be in the interests of justice to terminate the probation period early and successfully.
- If the motion is granted, an order will be issued relieving the person from the terms of probation.
What You Should Do
If you want to get off probation early, call Chico Criminal Defense Lawyer Matthew Luzaich today for a free consultation regarding your eligibility.