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Once convicted of a criminal offense, you are typically put on probation for a set period of years. If you were convicted of a misdemeanor, in most cases, you were placed on three years probation. For felonies, the typical probation period is also three years, although it can be up to five years. Besides the amount of time you were placed on probation, the main difference between misdemeanor and felony probation is that misdemeanor probation is informal (or “summary”), while felony probation is formal, meaning you will have to periodically check in with a probation officer.

Regardless of whether you have been placed on felony or misdemeanor probation, you do not necessarily have to remain on probationary status for that entire period of time. Once you complete all of the terms of your probation, such as paying off fines/restitution and completing any jail time or programs such as anger management, alcohol programs, etc…, you may be eligible to apply for “Early Termination of Probation.” This is made possible through an application to the court under Penal Code Section 1203.3. While this section states that the court has the authority to terminate probation “at any time,” most courts will not even consider granting the motion until the probationer has served out at least half of his/her probation and, completed all terms of his/her probation. 

If you are interested in discussing the probability of terminating your probation early, contact WILL & WILL, LLP for a free consultation today. We will be able to provide you with a solid evaluation as to whether you are eligible for this type of relief. Once you have retained WILL & WILL, LLP, we will file a motion with the court pursuant to penal code section 1203.3 which explains both the legal and factual reasons for why you should be granted an early termination of probation. WILL & WILL, LLP will then appear in court and argue your case before the court. Remember, having your probation terminated early is a privilege, not a right, and it is up to the discretion of the judge whether or not to grant the motion. Thus, it is vital that you have a knowledgeable and dedicated local attorney on your side if you are attempting to terminate your probation early.

Finally, once your probation has been terminated, you may also apply for a reduction of a felony and/or an expungement of your record. See the links to the right to read about all of your options.

 



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