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One common result of a conviction in California’s criminal courts is the imposition of a term of probation. Especially in misdemeanor cases where the defendant has no prior criminal record, courts may require a convicted person to serve a term of probation in lieu of jail time. If the defendant completes this term without incident, a petition can be filed for dismissal. While an assigned term of probation can range in length (typically 1-5 years), courts also have the authority to review and modify these terms upon request of the defendant. If you can show that you completed the terms of your probation you can petition the court for early termination and, if it is in the interest of justice, the court may order the immediate termination of the probation sentence. If you are currently on probation due to a crime committed in Oakland, early termination of probation may be a possibility for you depending on the circumstances.

A dedicated expungement lawyer could help you compile the petition, submit the appropriate paperwork, and argue the motion in court. Seeking the legal services of an attorney who understands how such procedures work could strongly benefit a person’s success in court.

Probation as an Alternative Form of Sentencing

A conviction for any violation of the California Penal Code can result in the imposition of a jail sentence. However, except in cases where the crime is probation ineligible and the law requires a mandatory minimum prison sentence a probation sentence can be negotiated in many cases.

Although probation may in many cases suspend the imposition of an incarceration sentence, it almost always involves paying administrative fees and may also incorporate stay away orders, requirements to pay restitution, search clauses, mandatory counseling sessions, and other restrictive terms.

If a defendant completes all these requirements and is not arrested for any other criminal activity, their probation can terminate naturally at the expiration of the imposed time or a defendant can submit a request to end the term early. Thereafter a petition for dismissal can be submitted once probation has ended.

Motions to Terminate Probation

According to California Penal Code §1203.3, courts are authorized to edit, extend, or terminate any term of probation as they see fit. Just as a regular probation period would if allowed to run out, successful early termination of probation in Oakland terminates all restrictions and conditions.

To give themselves the best chance of accomplishing this goal, applicants must complete all the terms and conditions of probation such as:

  • Pay all fines associated with their case
  • Pay all required restitution to victims of the crime committed
  • Complete all court ordered mental health or drug abuse evaluations
  • Attend all mandatory counseling sessions
  • Not be arrested on any other charge

To file the request, defendants must submit a written motion to the court where the conviction occurred. The completed forms must also be served upon the district attorney who tried the case.

Once this is done, the court schedules a hearing where both the applicant and the district attorney can present a case to the judge concerning whether an early termination of probation is appropriate. An experienced attorney could help defendants author the relevant motion, file it in court, serve it upon the district attorney, and argue the case in court.

Early Termination of Probation Allows People in Oakland to Move On With Their Lives

Early termination of probation is typically used as a way to give defendants a second chance. Once an individual on probation completes the terms of their probation early this relief allows them to move on with their lives.

To accomplish this, though, you must follow strict rules and filing requirements. A seasoned expungement lawyer could help you through every step of the Oakland early termination of probation attorney process to give you the best chance of success. Call today to get started.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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