I heard that in mist cases when you tell the judge that you want it so you could go back to work they decline...plz helpi was accused of shoplifting and i need to knoww what to tell the judge
It depends on various factors. Have filed a motion to terminate probation early and Petitioned the court for a 1203.4? Usually, judges look at a variety of factors to see whether it is in the interest of justice to grant your motions. They look at the underlying offense, as well as how much time has passed and whether you have completed what was required by the court, and last, the reason you are asking.
Here is one example: Courts often agree to terminate probation early based on the petitioner's request for purposes of joining the military. But, let's face it, it won't be of much use to you to find out what grounds are acceptable to the courts. Your grounds have to be true. In the same way that you are not going to join the military just because this is one way to increase the likelihood of early termination of probation, knowing other reasons that are equally inapplicable to your life will not be of much utility.
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The answer you need to give the judge is the reason why you want an early dismissal. BTW, you should be asking for a record clearance under Penal Code section 1203.4 at the same time that you request early termination of probation under Penal Code section 1203.3. Needing a job may be sufficient, but a general claim that you want to look for work is usually not enough. State what line of work you are in, what jobs you have tried to apply for that have specifically rejected you because of your record. If you have a job offer that is contingent upon you passing the background check I would attach proof of that to the motion. If you are applying for a license (such as nursing, financial services, etc), indicate the date you are completing your schooling and testing, etc. Do you have a family that you need to support? If you really have a legitimate need to terminate probation early, I would hire an attorney to assist you with this motion.
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