Attorney Michael Rehm - (800) 978-0754

EARLY TERMINATION OF PROBATION IN CALIFORNIA

EARLY TERMINATION OF PROBATION—

The court has the inherent discretion to order an early termination of probation. The statute that controls this procedure is Penal Code 1203.3. As stated in the statute “when the ends of justice will be subserved thereby,” and the probationer has shown good conduct and reform.

In essence, what is generally required is that the probationer has fully complied with the terms of probation and remained out of trouble. Generally, at least half of the probation must have been completed, and it is simply a matter of time, as opposed to unfulfilled conditions, that remains.

For example, in the case of a DUI conviction where the defendant was sentenced to three years probation, a DUI school, community service and a fine, the defendant will have to show that everything is completed and at least a year and a half has passed. This does not guarantee a successful early termination of probation petition, but it is a step in the right direction.

MODIFICATION OF PROBATION TERMS: 
A lesser known motion, but one openly available is a motion to modify the terms of probation. The court has the power to change probation terms at any time. People v. Allen (1975) 46 CA3d 583