Can Probation Be Terminated Early?
Under California Penal Code 1203.3, some defendants may have the opportunity to end their probation early. The judge will be the one to make the decision as to how the terms and length of probation will be handled. Every case must be evaluated individually, and it will be up to the courts to decide whether or not probation can be terminated earlier. Once approved, the pathways clear for the individual to seek an expungement of his or her criminal record. The process begins first by requesting a formal written Motion and Court Hearing.
What Are the Requirements?
Generally, the individual must have completed at least half of their term before being able to request it. The outcome of each case will be vary based on the circumstances and the judge's discretion, for obvious reasons. Both misdemeanors and felonies cases may be considered for early termination.
Here are some of the arguments one can raise in favor of ending probation early:
- Your probation is preventing you from beginning a career.
- Your probation is stopping you from moving up in positions at work.
- Your probation will not allow you to travel when and where it is necessary.
Naturally, it is advantageous to end probation early so that one will not need to live with the limitations and barred from certain rights and privileges. A conviction on your record carries a certain stigma that also makes it difficult to hold some professional licenses or find employment.
Find Counsel from a Trusted Criminal Defense Attorney
As a Temecula criminal defense lawyer, Nicolai Cocis has a tremendous track record in helping defendants fight criminal charges as well as finding favorable outcomes in post-relief conviction. Attorney Nicolai Cocis has had a reputation for excellent legal representation since 1999. You can trust in his skills and reputation to help you find the resolution you need.