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Early Termination of Probation in California

California Penal Code 1203.3 permits anyone on probation in California to ask the judge to terminate or otherwise modify their probation.

That section provides,

(a) 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. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held. [1]

Petition.

California expungement attorney will first collect information about the prior conviction. It is important to assure that all relevant information is placed before the judge by a petition to terminate probation. This petition may include information about the offense, the probationer, letters of recommendation, proof of compliance with the terms of probation, and any other material that may assist the court in making a decision.

Hearing.

The prosecutor must be given the opportunity to be heard on the case. [4] It is best if the California expungement lawyer representing the petitioner negotiates with the prosecutor before the hearing in order to get an idea what the prosecutor's position is. On occasion, the district attorney agrees with the petitioner that his or her probation be terminated early. In other cases, the district attorney, after negotiations, agrees not to oppose the petition.

[1] California Penal Code 1203.3.

[2] California Penal Code 1203.3(b)(1).

[3] California Penal Code 1203.3(b)(1).

[4] California Penal Code 1203.3(b)(1).

[5] California Penal Code 17(b).

[6] California Penal Code 1203.3(b)(3).

[7] California Penal Code 1203.3(b)(2).

[8] California Penal Code 1203.3(b)(4).

[9] ** California Constitution, Article I, Section 28(b); California Penal Code Section 1202.4(a)(1)*;People v. Carbajal*, (1995) 10 Cal. 4th 1114, 1122.

[10] California Penal Code 1203.3(b)(4).

[11] California Penal Code 1203.3(b)(4).

[12] California Penal Code 1203.3(b)(4).

[13] California Penal Code 1203.3(b)(5); see also California Penal Code 1202.4(f).

[14] California Family Code 6211 defines which offenses constitute domestic violence offenses.

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