Hello, I was sentenced for a misdemeanor lewd conduct charge. I was sentenced to 3 years of formal probation as well as ordered to attend and complete group therapy. I am doing well in treatment, I have paid all court fees and fines and I have not violated probation.
My question is does anyone have an opinion on the possibility of having my probation reduced to summary/court probation at some point? And I know it's a longer shot (as I haven't completed half of my probation term yet), but is it advisable/possible to seek early termination of probation in the future? I understand that termination is probably the more difficult of the two options, so I'm really just hoping for a reduction from formal to summary.
Any thoughts, opinions or advice is appreciated.
It is possible to getting probation reduced. The prosecution would no doubt be opposed. You would need to establish good cause as to why you want to modify probation from formal to summary, An attorney needs to see the facts of the case to determine the viability of modification.
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply
Anything is possible, but a stranger on the Internet can predict the outcome.
The judge will be more receptive if you establish a good reason for your request.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
It sounds like you are talking about filing a formal motion to modify your probation. You can either go back to the attorney/appointed counsel you had for your plea to make the request, you can attempt to do it yourself, or you can hire a new attorney to represent you. It does sound as though you are doing well from your inquiry and I commend you for that. Reducing from formal to summary probation is going to require a showing of good cause and that it is in the interests of justice. You will likely need very favorable statements from your probation officer, your treatment provider, and anyone else who is monitoring you. It would help if you have letters of good conduct from employers or other members of the community. If you can get all of this and raise the issue with a sympathetic judge, you might have some luck. You might also be told "not yet, but come back in a few months." Best of luck to you.
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