If you were put on probation as part of your sentence in California, you may be able to apply to have your probation period terminated early.
This option may be available to you depending on the crime of which you were convicted. If you were convicted of a sex crime, are you able to terminate your probation early?
Will Judges Grant Early Termination of Probation for Sex Offenses?
Under California Penal Code Section 1203.3, the court can terminate your probation early if you have exhibited good conduct and showed reform since the time of your conviction.
Before you attempt to have your probation terminated early, you should know that the court will not likely grant probation unless you have:
- Completed at least half of your probation period
- Paid all fines and restitution
- Completed any mandatory counseling or classes
- Exhibited good behavior throughout the course of your probation, and
- A compelling reason to terminate the probation early (i.e. it is preventing you from finding a job or purchasing a house)
The decision as to whether to terminate your probation is squarely in the hands of the judge who will hear your motion. The judge is not required to grant your request. You will need an attorney who can present your case to the judge, and the district attorney will be allowed to argue against terminating your probation early.
Additional factors a judge examines when making this decision include the severity of your offense and the manner in which you broke the law. In most sex crime cases, the district attorney will put up a fight and the court will likely be reluctant to release you from probation. If your crime involved a minor, it is less likely that a court will agree to terminate your probation early.
Probation Modification is Also a Possibility
If early termination of probation is not an option for you, you may be able to have some of your probation terms and conditions modified. For example, in some cases, the probation conditions imposed actually violate the defendant’s constitutional rights.
In 2014, the California Court of Appeals ruled that conditions requiring that a defendant waive his or her right against self-incrimination are a violation of the Fifth Amendment. In the same case, the court also held that a condition that required a sex offender “not to date, socialize or form a romantic relationship with any person who has physical custody of a minor unless approved by the probation officer” was overbroad and impossible to fulfill.1
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
Our criminal justice system is meant to uphold a number of different values. It is meant to punish people who break the law, but it is also meant to serve as a means of returning someone to society with the expectation that he or she will find their way to live within the law. Sometimes, however, the implementation of those values results in harsh conditions for the person trying to find his or her way back into society.
At Wallin & Klarich, we have over 35 years of experience helping clients earn a second chance at life, and we know the value this has. We have helped thousands of clients in their time of legal need, and we may be able to help you terminate your probation early now.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego and Torrance, there is a skilled Wallin & Klarich criminal defense attorney available near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. People v. Klatt (2014) 225 Cal.App.4th 906 href=”#ref1″>↩