Modifying or Terminating Probation

LA Criminal Lawyer Explains Probation Modification or Early Termination

Probation is a type of alternative criminal sentence served by an offender instead of a prison sentence. It is a period of supervision of a criminal offender by a probation officer (felony or "formal" probation) or by the court ("summary" or "informal" probation).  In Los Angeles County, misdemeanor probation is typically "informal" probation, meaning that the court supervises the defendant, whereas felony probation is typically "formal" and involves checking in with the probation department.  NOTE: probation sentences may include up to one year of jail time as a condition of probation.

Probation is typically granted at the discretion of the judge overseeing the case, but can also be an agreed-upon sentence between the prosecution and the defense.  In California and many other states, probation is a system used to supervise, punish, and maintain varying degrees of control over, persons convicted of crimes.  Complying with the conditions of probation will typically mean avoiding a harsher sentence.  Probationers are generally required to obey all laws, obey all orders of the court, and (in the case of formal probation) check in with probation.  Probation terms may also include affirmative obligations such as community service or community labor, classes (anger management, domestic violence, drug and alcohol education, etc.), OR certain restrictions (stay away orders, protective orders, prohibitions against weapons, drugs, etc.).  It is important that a person on probation knows and understands the specific terms of their probation, so that they may comply with its terms.  Furthermore, if a person is alleged to have violated their probation, they are not entitled to a jury trial regarding guilt or innocence (only a court hearing before a judge) and may be punished with up to the maximum punishment for the crime which they are on probation for.
More about probation violations.

What is Probation Modification?
Under California Penal Code section 1203.3(a), the court has authority to revoke, modify, or terminate your probation at any time during the term of the probation. This not only means that you can be found in violation of your probation for failing to comply with the terms, but that you may also request that the court modify your probation at any time while you are serving your probation and the judge has authority to grant your probation modification.

Some instances of probation modifications are:

• Seeking to be permitted to travel outside of the country or state.
• Requesting to perform probation obligations outside of the county.
• Requesting to have fines converted into community service.
• To strike a prohibitive term, for example, removing a prohibition of using or possessing marijuana.
  
  

What is Probation Termination?
Under Penal Code 1203.3 PC, judges in California have the discretion to grant an early termination of probation. According to this section, “The court may at any time when the ends of justice will be served thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.”  Termination of probation is the discretion of the judge.  So, before terminating the probation, a judge may consider few things, such as:

• Have there been any probation violations?
• How much time has the probationer already served on probation?
• Criminal history and any past performance on probation.
• The reasons(s) the probationer is seeking early termination.

• Nature and underlying circumstances of the crime.
  
  FOR EXAMPLE:  A person who is on probation for their first offense, where the crime is less serious, who has complied with the terms of their probation and served a significant portion of their probation will have a good chance to get probation terminated early, particularly if remaining on probation would affect employment or another important aspect of a person's life.  On the other hand, a person with a significant criminal history, on probation for a more serious offense,
  
  

Upon early termination of probation, a defendant will also become eligible for expungement.  In order to expunge a conviction, a person must file a petition for dismissal pursuant to Penal Code section 1203.4.  More on expungement and keeping your record clean.  In certain felony cases, it may also be possible to reduce a felony conviction to a misdemeanor.

AB 1950 shortened the maximum term of probation in most felony cases to two years, and most misdemeanor cases to one year.  Some exceptions exist for violent felonies, crimes of domestic violence and DUI.  For these offenses, probation may last as long as five years.  If a person was placed on probation for a term longer than that allowed under the new law, it is possible to have probation terminated early.  More on AB 1950.

Other Related Topics:  What is a Joint Suspension, Probation Violations, Shorter Probation Terms in Most California Cases, Alternatives to Jail or Prison, Diversion Programs, and New Misdemeanor Judicial Diversion.

IMPORTANT LINKS:
LA County Probation Department
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule