Oakland Early Termination of Probation
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.