Both felony cases and misdemeanor matters may end up with a defendant being placed on probation. While submitting to the stipulated requirements is non-negotiable, it is possible to have the assigned period reduced by being granted an early termination request.
There are a couple of prerequisites that need to be met for this to happen, which include meeting whatever probation conditions may have been handed down. Goss Law can also answer questions like what is formal probation in California?
Retaining the services of a criminal defense lawyer is recommended, as this is not an easy process. Below is a look at the different elements of early termination.
How Does Probation Work?
Matters brought before the courts allow the judge the freedom to mandate repercussions for crime, which will sometimes involve probation or community service. The former comes in two flavors, which are formal and informal.
Formal Probation
Typically, this variation will be seen where there are felony cases. The inherent structure associated with going this route is a big part of the classification. There are sometimes situations in which misdemeanor cases will lead to a formal probation situation, but it is incredibly rare. Matters where there is a plea bargain at play or a same-sex misdemeanor will be the ones under this umbrella, and even so, it is not a common occurrence.
Anyone who finds themselves on the wrong side of this ruling will be required to report to a probation department or a probation officer at whatever interval has been established.
This can take several forms, with in-person, electronic kiosk, or even postcard-type reporting being acceptable under the right circumstances. A probationer may also be required to submit to mandatory drug testing and search/seizure operations within their home.
Informal Probation
On the more informal side of things, there is what is called summary or court probation, which is categorized by noticeably less supervision than its counterpart. For example, there is no reporting required to a proper probation officer or any department for that matter.
Be that as it may, there is still a set of conditions that need to be adhered to, which may include attending anger management sessions, paying a fine, and getting through the probation period with no legal troubles taking place. With this kind of arrangement, only violations will cause any kind of serious issues.
Why Is an Early Termination of Probation Allowed?
A probation violation is not the only thing that can change the established agreement, and in this case, the change can be for the better. California penal code 1203.3 is the reason for this option, and it provides the court with the ability, if it sees fit, to alter the terms that were initially handed down.
These changes can come in the form of revocations, terminations, modifications, etc. It is not hard to see how it is that this translates to the current system where someone who steps outside of the boundaries can have the initial agreement altered. The idea is usually to impose something a bit harsher on the defendant, such as time behind bars.
However, while justice can be served in one way, the structure of this penal code allows it to work in another too. Effectively, if there is a well-behaved person who has a probationary period active, the court can then decide to shorten the stipulated length or terminate things altogether. Bear in mind though that there must be some kind of legitimate reason for this action to be taken.
What Exactly Does Penal Code Section 1203.3 Say About Early Probation Termination?
Quite a bit is said about the matter, but there are a couple of important details that are the focus. First, there is the statement that "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."
In other words, the court can make changes to what was initially handed down whenever it deems fit. Furthermore, the same clause goes on to speak about discharging defendants and terminating the period of probation whenever there is good conduct and signs of reform have been demonstrated.
The penal code also states, "Before any sentence or term or condition of probation is modified, a hearing shall be held in open court before the judge." This indicates that a hearing is necessary. Note that prosecuting attorneys are given two days of notice in writing, alongside an opportunity to present their sentiments on the matter.
Domestic violence cases are an exception to this rule, instead offering the prosecuting attorney a five-day notice window.
How Does One Persuade the Courts to Terminate Probation Early
Considering that both formal and informal probation types can be very expensive and invasive, knowing how to get it overturned early can be hugely beneficial. Effectively, it boils down to a request made to the judge to have the termination done.
Based on what was shared from the penal code, this can be done at just about any time. However, considerations must be made for the unlikelihood of the request being granted before at least half of the probationary period has passed.
The idea here is to allow enough time to demonstrate stability and alignment with the law. Additionally, it also somewhat addresses concerns about possibly re-offending.
With the application made, there needs to be an understanding that the outcome is up to the discretion of the judge. The filing will usually be done by criminal defense lawyers who will put forward the motion with the court on behalf of clients.
Note that the court in question must be the one where the initial sentencing took place. The two-day prosecution notice window alluded to above applies, and the attorney representing the probationer is expected to prepare supporting evidence to back up the motion.
How the Hearing Works
The probationer has the choice to attend the hearing if they so desire. If the choice is made to not attend, then the attorney will do so on the client's behalf. Note that most of these hearings are carried out with district and criminal attorneys. If defendants are advised by their Sacramento probation violation lawyers to turn up, it is usually in their best interest to do so.
Apart from informing the court and prosecuting agency of the intention to file the motion, there also needs to be an indication of the reason the early termination is being requested.
When the time for the hearing comes, the judge will then listen to the justification. The prosecuting attorney can then provide arguments that support or contradict the request being made. Remember that the final decision rests in the hands of the judge.
A good defense attorney will maintain a focus on demonstrating the following:
The client has shown good conduct throughout the probation
All terms and conditions were adhered to
Justice's interests are being served with the granting of the early termination request
No probation violation took place, which means that there was no need to attend a violation hearing.
Requirements to Increase the Likelihood of Having Probation Terminated Early
Like most court matters, the success of the attempt depends heavily on the strength of the case, as well as how convincing the criminal lawyer can be during the hearing. Usually, an experienced attorney will aim to understand the specific kinds of evidence the judge may need to make the decision. They can also answer questions such as what is informal probation in California? Some of the typical examples include:
Proof of a lack of arrest or committing of any crime during the probation
Demonstrable evidence that there are no unresolved criminal issues at play
Documents that illustrate where all court fines and any applicable restitution have been paid
Written indication of all probationary conditions being met.
Why Is a Probation Sentence Reduction Necessary?
Expungement of a criminal record is one of the biggest known advantages of obtaining early termination of probation. This means that it gets much easier to be able to find gainful employment in which the conviction is not used as a means of denying opportunity. It also becomes possible to apply for additional relief where it may be applicable.
Additionally, with no probation looming overhead, there is no longer a need to worry that any charges will be brought forward because of a violation.
What Scale Does the Court Use to Decide Whether to Grant One of These Requests
This all boils down to what is described as "good conduct and reform." Effectively, this means that the probationer is no longer a risk to the public. Therefore, the intended lesson from the punishment has been learned, and a positive direction is now at play.
Contact an Experienced California Criminal Defense Attorney Today!
Probation can be incredibly limiting where employment and other areas of life are concerned. If you have not violated yours and a reasonable time has passed, shouldn't the courtesy of early termination be afforded to you?
Goss Law is an expert in this area and will passionately represent you as the motion to help you retake control of your life is filed. If you're ready to get back to what matters, call today for an expert consultation!