Ending Your Probation Early
Being on probation is stressful. You follow the rules and stay on the straight and narrow, but you know that one misunderstanding can result in jail, fines or other harsh consequences. It only took one misunderstanding to get arrested for domestic violence in the first place, so you are right to be wary of your predicament.
If you are currently on probation after pleading guilty to domestic violence, it may be possible to terminate your probation early. At Premier Domestic Violence Law Group i San Diego, our experienced defense lawyers can help you motion the court for an end to your probation. Our founding attorney is a former prosecutor who understands the intricacies of this process.
Do You Qualify For Early Termination?
The decision of whether to grant an early termination of your probation will be up to the court, which will look at factors such as whether you have violated the terms of your probation and whether you have satisfied the requirements of your sentence (fines, restitution, jail time, etc.). Every case is different. Our attorneys can help you determine whether early termination of probation is a viable option for you.
Our Client-Centered Approach
Everything we do is geared toward increasing your chances for a successful outcome. We believe in our clients and understand that good people can find themselves on the wrong side of the law. We will do everything in our power to set you up for early termination so you can put your past behind you and move forward to a better future, free from legal entanglements.
Are you ready to put your domestic violence probation behind you? Contact us today for a free consultation with an experienced criminal defense attorney
Early Termination of Probation – Getting off Probation
Someone may accept a plea agreement. This agreement contains certain safeguards that were better than taking the case to jury trial. For example, a few years have passed and someone now wants to erase the blemish of the charge and get off probation early. The Premier Law Group can help you.
There is a misconception out there that you cannot expunge your misdemeanor or felony conviction until you have finished your probation in its entirety. The fact is that if you are currently on probation you can motion the court to terminate your probation early in many situations. The court, in its discretion, can order the early termination of your probation in a misdemeanor or felony case at any time under California Penal Code 1203.3. If the early termination is granted by the court, you can then expunge the underlying conviction, often all of this is done at the same hearing.
To qualify for early termination of probation and expungement your case must meet the following requirements:
- You were charged and convicted in state court (not the federal court).
If needed, we can help you figure out whether your case was in state court when you contact us.
- You must currently be on probation. It is preferable that you have completed at least half to three-quarters of the probationary term, although this is not required.
- You must have satisfied all the requirements of your sentence (fines, restitution, mandatory programs, community service, classes, etc.). The court will not consider terminating the probation early unless all the affirmative obligations of the sentence have been fully completed.
- You are not currently charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense (e.g., you are not on probation for more than one case, etc.)
The court will use the following criteria when deciding to grant a motion for early termination of probation in California:
- How serious the conduct was leading to the conviction? Obviously the more serious the crime was, the less likely the judge is to cut you a break.
- What is the extent of your past criminal record? If you have 15 convictions, demonstrating that you are a repeat offender, the judge is going to be much less likely work with you.
- Is the probation preventing you from gaining employment or other benefits? We need to demonstrate to the judge that your probation and your underlying conviction are preventing you from being a productive member of society.
We meticulously address all of these concerns in our pre-hearing interviews with you and in the PC 1203.3 motion and supporting documents we file with the court on your behalf. The Premier Law Group can help you. Call our office to get off probation at 619-752-3702.
The average early termination of probation case takes several weeks, and thus the sooner we begin working on your case, the sooner you can put your mistake behind you for good. A mandatory hearing is required in front of the judge in nearly all early termination of probation cases. One of the benefits of hiring a knowledgeable law firm like ours is that we handle everything for you, optimizing your chance of success. We attend the hearing and argue the motion on your behalf in front of the judge, meaning you will not need to personally attend any hearings. We also will prepare a concise and knowledgeable response to any opposition put forth by the prosecuting attorney.