One of the most common things I do as an Orange County Criminal Defense Attorney is cleaning up people’s probation with the termination of probation motions. This is also known as a modification of a sentence or a motion to terminate probation early. People would get in trouble and end up with probation for 3 or 5 years. This causes people to miss out on opportunities they would otherwise have gotten if they were not on their probationary period. Many people are affected by being on a probationary period. People pursue a nursing license because they have difficulty getting into clinical and substitute teachers in California.
This guide gets you started on the journey on how to get off informal probation early and have a terminate probation early motion granted. It is a step by step guide of what you need to do
Step 1: Gather and organize your list of character references to Terminate probation early.
You do not want one that is too vague. Vague letters of recommendation say you are just a good person. There should be facts connecting you with that person. There are many templates on how to write recommendation letters out there. It is okay to include additional documents such as awards and achievements, but they are no replacement for reference letters.
The people you should ask are people who know you well. You will also want to ask people in the community like police officers, probation officers, pastors, and employers. Letters of recommendation from family do not weigh as much as a community. However, this can be remedied if the letters from your family go into detail about your time on probation and how you have changed since probation. Things that be emphasized when talking about change include having gainful employment.
Step 2: Payoff fines, restitutions, and fulfilled terms and any other term of probation
Checklist of Things to Complete for an Increase Chance of success on your motion to terminate probation early.
Payment of restitution obligation
Violation of probation
Step 3: Get RAP Sheet and Paperwork from Court for Case Number to terminate probation early
Step 4: Decide if you want an Attorney or Do it Yourself
In addition, the attorney can also expunge your case and clean your criminal record as well after the termination of probation. Usually, you can also add expungement services to your package and have them prepare your petition of expungement with the termination so you can have a clean record.
The cons are that you must pay the costs for an attorney. If you use an attorney, the guide stops here, and you can throw everything on to them. If you have done it yourself, then you should move on to the next step.
Step 5: Find the Forms at Court
Step 6: Fill out forms and Get a Hearing date
You will want to build a common theme among your letters and your own statement when filling out these forms. In addition, as you file this paperwork, you will get a hearing date where you will be expected to attend the hearing,
Step 7: Attend Hearing
If you succeed in your motion to terminate probation, you should prepare your expungement or talk with an expungement attorney to get a clean record with no convictions.
What is the motion for early termination?
What Are The Main Legal Issues with an Early Termination of Probation?
What will happen to my Early Termination of Probation Hearing if I did not pay restitution?
How will a drug or alcohol problem affect my probation?
How Courts Decide to Grant an Early Termination of Probation
Do I have to attend a hearing to request early termination of probation?
Can I get my criminal record expunged when I terminate my probation?
The best way to terminate your probation early is to have all your letters ready, finish your obligations with the courts, and have no new criminal matters. If you want help with terminating probation early, you can reach our office at the number on the side.