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
7 Step Guide on How to Terminate Probation
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Step 1: Gather and organize your list of character references to Terminate probation early.
The first step on how to get your terminate probation early motion granted is to get your list of character references ready. These are the basic documents you will need on how to get off informal probation early. This list of documents will include people in the community you know and family members. You will need them to write a letter of recommendation when the time comes. These letters of recommendation for terminating probation should state they know you well and that they know the situation you are in. Thye will let the judge know you will live a normal life if the judge ends your probation term early and that you deserve a clean criminal record.
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
It would be a waste of resources if you were to invest time and money in to run a motion to terminate probation early if you have not fulfilled your probation conditions. Any experienced attorney will tell you that probation conditions need to be satisfied before the court will consider your request. These conditions of probation include paying the court fees, fines, and restitution. The court will automatically deny your request if you have any outstanding probation commitments. These commitments can be community service or cal trans. You need to be sure you have fulfilled everything under your term of probation because the prosecutor will object as a matter of principle over probation termination, and you do not want to give them any ammo. Use the list below as a checklist. If you missed the items below, then stop and be sure you have resolved the issue before investing time and money into legal proceedings.
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
The third step on how to get a probation termination is to get your paperwork ready. You will need your criminal history record. The criminal history (RAP sheet) should provide you with your case number, date of conviction and the charge. This is a necessary step as you will be using this to fill out the forms yourself, or if you are hiring an experienced attorney, they will help you out with this step. To get your RAP sheet, you will need to go to the department of justice fill out this form and walk it over to a livescan facility. You will need to do a fingerprint transaction, pay 30 dollars, and wait a few weeks to get our RAP sheet.
Step 4: Decide if you want an Attorney or Do it Yourself
There are pros and cons to hiring a qualified attorney for early termination of probation on your case. The pros are that you will not have to worry about the technicalities and paperwork associated with your case. A skilled attorney can increase your chances of success. This can be thru familiarity with how the local district attorney’s office works or a good reputation in the courthouse.
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
Every county has its own early termination of probation forms. The early termination forms in Orange County can be downloaded here. The best way to find your forms is to go to the courthouse where your case was and talk with the criminal clerk. Let them know that you want the forms to terminate probation early. These are also known as 1203.3 forms.
Step 6: Fill out forms and Get a Hearing date
The next step on how to get off informal probation early is getting your form together. Before completing this stage, you must ensure you complete step 3 first. You will want to get your paperwork from step 3 with you as you complete the form. The sections will be the case numbers, date of conviction, and why the court should grant your early termination of probation. Do not forget to bring your letters of recommendation as well from your contacts. You will be attaching them to this reason so the judge will have a reason to grant your petition.
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
Be ready! Refer to step six on the time and the date of your motion. You will want to get to court early. Most courtrooms in California open at 8:30. You will want to be dressed either business casual or professionally. In addition, you will want to be ready for the prosecution to object to your motion. Do not take it personally as they are only doing their job, and you are in an adversarial system. You need to stand your ground let the court know how probation is causing your harm and why the court should terminate your probation early. Also, it would benefit you if you have completed your probation sentence obligations and never had issues with your probation officers.
- Character References
- Forms to Terminate Probation from the Courthouse (obtained from the court clerk)
- RAP Sheet or Court Minutes
- Proof of Service Forms
- Pen and Pencil
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?
Early termination of probation or a 1203.3 is the law used to get you off probation. It works for both felony and misdemeanor probation in California. It is also known as a modification of probation.
What Are The Main Legal Issues with an Early Termination of Probation?
The court will want to know you are a good candidate for the termination of probation. Factors that come into play are whether you will offend again and how much of a risk you are to society. They do not want to terminate probation and have you re-offend. Things they will look at are pending criminal cases.
What will happen to my Early Termination of Probation Hearing if I did not pay restitution?
If a condition of your probation was to pay restitution, you will be denied the request to terminate your probation unless you pay it. In addition, a failure to pay restitution can cause your probation to be extended and even result in a probation violation. It’s best to check whether you paid your obligations before moving with the court.
How will a drug or alcohol problem affect my probation?
If you have a drug or alcohol issue and the court knows about it, then it will negatively affect your request to terminate probation early. The court will not want to terminate probation where a person is a risk for re-offending. Drug and alcohol abuse are problems the court worries about.
How Courts Decide to Grant an Early Termination of Probation
Courts will look at your performance on probation. They will look at whether you committed any new crimes and whether you had any issues completing your obligations. (Classes, cal trans, community service) In addition to this, they will also look at your character references and whether you are a risk to the community.
Do I have to attend a hearing to request early termination of probation?
This depends. If you have no attorney, then you need to attend the hearing. If you have an attorney, then it is up to your attorney. Often a person may not live around the area and will not be available to attend the hearing.
Can I get my criminal record expunged when I terminate my probation?
Yes. This is the recommended course of action. An experienced attorney will always follow up termination of probation with a 1203.4 motion to expunge a case.
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.