If you were convicted of a criminal offense in California, either through accepting a guilty plea agreement or at trial, you may have been sentenced to a lengthy term of probation. Probation can be restrictive, costly, and time-consuming. In some cases, you may be able to terminate your probation early in California. Only an experienced California criminal defense attorney can evaluate your unique circumstances and tell you if you qualify to file for early termination; however, some general information about terminating probation early in California might be helpful in the meantime.
Although being sentenced to probation is certainly preferable to being sentenced to jail or prison, probation can be very restrictive. Your status as a probationer may negatively impact your employment status, your chance to get custody or visitation with minor children, your finances, and just about every other aspect of your life. Fortunately, judges do have the discretion to grant early termination of probation. California Penal Code Section 1203.3 gives a court that discretion and reads, in pertinent part:
“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.”
Before a judge will even consider a petition to terminate your probation early you need to have completed all of the special conditions of your probation. Those conditions might include things such as:
- Payment of all court fines and fees
- Payment of all probation costs
- Completion of classes or school
- Completion of counseling
- Completion of community work service
- Payment of restitution
- Clean record for any drug/alcohol tests conducted while on probation
Your attorney will also need to provide the court with a good reason why you should be allowed to terminate your probation early. Reasons relating to work, school, or family life are often acceptable. The court will consider many factors when deciding whether or not to grant you early termination, including:
- Your criminal history
- Your conduct while on probation
- The seriousness of the crime involved
- Whether or not the prosecutor objects to the early termination
The statute allows a judge to consider early termination at any time during probation; however, in practice you will usually need to complete at least half of your probation sentence before a judge will consider early termination.
Because each case is unique it is important to consult with an experienced California criminal defense attorney about early termination of your probation to find out what your chances are of finishing your probation ahead of schedule.
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