After a criminal conviction, you are typically placed on probation for a certain period of time, usually three years if you were convicted of a misdemeanor, and three to five years if you were convicted of a felony. A defendant convicted of a misdemeanor is usually placed on unsupervised probation (known as “summary” or “informal” probation). In contrast, a defendant convicted of a felony is usually placed on “formal” probation, meaning that he or she will have to periodically check in with a probation officer.

When Can You Apply For Early Termination of Probation?

Typically, the defendant will need to establish that he or she has successfully completed the court-ordered jail or prison sentence, has paid all fines and restitution, completed all counseling requirements such as alcohol or anger-management courses, and has completed all other terms of probation imposed at the time of the conviction. The defendant also cannot be charged with any offense.

The court may also consider positive efforts that have been made by the defendant while on probation such as efforts to acquire and maintain employment, engaging in volunteer and community service work, educational pursuits, and otherwise. Hardships to the defendant as a result of the probation may also be considered. For example, many individuals experience problems such as loss of employment positions or job advancements, inability to successfully pass background checks, restrictions on travel, loss of benefits and otherwise as a result of being on probation. These types of issues can also be taken into consideration at the time of the hearing.

Procedural Requirements for Early Termination of Probation

A written legal motion/application to terminate probation must be made to the court pursuant to Penal Code Section 1203.3. While this section states that the court has the authority to terminate probation “at any time,” most courts will not even consider granting the motion until the probationer has served out at least half of his or her probation and, completed all of the imposed terms of probation. At the time of the hearing, the prosecutor will have the opportunity to oppose the motion, and present arguments in response to the issues presented in the defendant’s written application. The Court will then make a decision as to whether or not the Motion to Terminate Probation should be granted. Remember, having your probation terminated early is a privilege, not a right, and it is within the judge’s whether or not to grant the motion.

Los Angeles Probation Termination Attorneys

If you are on probation and are interested in having your Los Angeles probation terminated call The Chahine Law Firm for a free case evaluation. Each case is unique and the circumstances and evidence related to the alleged crime must be thoroughly reviewed by the criminal defense lawyer to determine the best options for an effective defense. The attorneys at The Chahine Law Firm have successfully represented countless individuals in successfully terminating their probation.