If you’re on probation, there is a 100% likelihood you want to be off probation. Okay maybe not 100%, there are people in the world who also like hanging from hooks by their skin (I kid you not, Google “body suspension” after reading this). So 99.9% of people would rather be off probation than on it. Well, good news, this court-order can be modified at any time.
The legal tool lawyers use to petition courts for Early Termination of Probation is Penal Code § 1203.3(a), and it 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. . .” There are a few caveats, however. Unless there is a very, very compelling reason in addition to good conduct during the probationary period and reform demonstrated by the person, judges usually require at least half of the term of probation to be completed. It is possible to terminate probation earlier than this, but the standard time a person usually has to wait is half of the term (Eg.- 1.5 years if 3 year probation).
As noted above, components necessary for a successful petition for Early Termination of Probation include demonstrated good conduct and reform. In addition, the court requires that the person has complied with all of the terms of his or her probation, paid all fines, fees and restitution, and that usually half or more of the probationary period has elapsed. A change in circumstances can also serve as a good justification for Early Termination of Probation. A good example of a change in circumstances that would help persuade a court to grant Early Termination of Probation is if you are moving out of the county because of a job opportunity elsewhere.
If you are on probation, or know someone who is, there’s a good chance that s/he is eligible for Early Termination of Probation, or soon will be. There are myriad benefits to not being on probation. The most important legal benefit is not being in danger of violating one’s probation. If you are on probation, any misdemeanor or felony you are charged with can trigger a probation violation in addition to punishment for the new crime. An equally important benefit is peace of mind. No doubt, if you are on probation you will feel burdened. You have likely forfeited some rights like Fourth Amendment search and seizure, drug testing and refraining from going certain places and doing certain things. If you’re off probation these restrictions disappear. It may prevent you from applying for new employment or even traveling out of state. If you want more information about Early Termination of Probation, check out our website at: 530attorneys.com/early-termination-of-probation.
*This article does not constitute legal advice. The information contained in this article should not be relied upon in any legal action, and any law contained herein applies in California state courts only. It is not a substitute for legal advice and the accuracy of the information may have changed since its publication. If you have a pending legal case, you should contact a lawyer to address any questions you may have about your case, the internet is not a substitute for professional service.