If being on probation for a criminal case is preventing you from reaching your potential, it is time to think about obtaining an early termination of probation. If you are looking to have your record expunged, but you are still on probation, this will get the process started. If you are not able to successfully complete the terms of your probation, a modification may be necessary. These are just some scenarios where I have helped many clients “customize” probation to meet their needs.
If being on probation for a criminal case is preventing you from reaching your potential, it is time to think about obtaining an early termination of probation. If you are looking to have your record expunged, but you are still on probation, this will get the process started. If you are not able to successfully complete the terms of your probation, a modification may be necessary. These are just some scenarios where I have helped many clients “customize” probation to meet their needs.
The law in each state allows the court to modify or terminate probation. I had a client recently who could not fulfill a portion of the terms of his probation. Rather than violating his probation, he called my office and I was able to convert the mandatory CALTRANS to fines and get an extension of his probation to allow him to pay for it. Moreover, after he pays for the fines, I will immediately file to expunge his criminal case in order to prevent his work license from being revoked.
Benefits of probation termination are including, but not limited to: immigration applications, no fear of being stopped at the border for criminal convictions, allows for expunging to be filed with the court earlier, become eligible for student loans, become eligible for housing assistance, become eligible for professional licenses and certificates. Probation cases can be both complicated and technical.
I had a client who was charged with embezzlement. Due to the alleged amount taken and the complexity of the case, it was assigned to the Major Fraud Section of the L.A. District Attorney’s Office. I was able to negotiate an offer from the prosecution with the approval of the court that my client would pay a lump sum figure of victim restitution and be placed on house arrest rather than be incarcerated in state prison like the other two co-defendants. But my client had an ongoing issue with the Probation Department about the amount he owed to the victim.
Upon payment of the agreed upon monies, my client would no longer owe any other restitution to the company. However, the Probation Department was adamant that he still owed more than $300,000. I filed a motion with the court to stop Probation from collection of restitution monies from my client and I won. Without filing a motion with the court, Probation had inherent powers to intercept my client’s tax returns, violate his probation based on their assertion of non-payment of restitution and file a court judgment with the credit agencies of the alleged sum still owed.
Clearly, probation is no simple matter. In misdemeanor, the maximum probation is three years and five years for a felony (or for some misdemeanors or repeat offenses). Drug testing, counseling, community service and routine check-ins --all of these take time. Family or work situations may infringe on successfully completing the mandatory terms. But strict compliance with all the requirements of probation is extremely important. If there is any chance of non-compliance, you must contact a criminal defense attorney immediately so early termination or a modification of probation could be effectuated.
Even if you have served your time or paid your fines, but still on “active” probation, your case is not closed. Until your probation is terminated certain things cannot happen: immigration paperwork will not be processed, documents for professional licensure (medical, nursing or law) will not be finalized, travel and entry to foreign countries, such as Canada will be restricted, and any violation of any criminal law may result in a probation violation.
If you have diligently completed all the terms of your probation, an early termination is something I seek for my clients. But the court has complete discretion whether to terminate your probation early. A thorough and well-written motion is a must. Convincing the prosecution is another and lastly, convincing the judge to take the “risk” of terminating your probation is crucial. An effective defense attorney is critical in successfully reaching this goal.
