If you have been convicted of a crime and given probation, you know what the terms are. You need to abide by the law and not commit any more crimes for the duration of the probation and hopefully ever again. You also need to report to your probation officer and find a job.
If you violate your probation, you most likely go back to prison, or are given some additional penalties.
However, there can be some other caveats to your probation which are different form case to case. For instance, your probation can prevent you from moving away from the town, or even leave the town you currently live in. This can interfere with the normal life you want to resume as soon as possible. So, what can you do?
It can be pretty difficult to find a job these days. Things get even tougher if you have a criminal record. A lot of times, the only kind of work you can find is fairly far away from your home, which means that you would need to travel to and from work every day.
If your probation restricts you from leaving town, it is actively interfering with your desire and ability to return to normal life. That’s when you have grounds to request an early termination of your probation.
Of course, you cannot do that alone, since the process is long and complex. It requires a skilled and experienced criminal law attorney like https://www.monderlaw.com/, who knows all the quirks and the right things to say to really get you what you want.
Type of Probation
If you want help from a criminal law attorney, you will need to tell them as much about your case and that actually includes the type of probation you were given. IF you are unsure about this, consult the paperwork you have been given. There are two broad types of probations–summary or informal probation and formal probation. Here’s the difference, as well as how it might affect your regular life.
This kind of probation is not as strict as the formal one because it doesn’t require you to report regularly to a probation officer. Rather than that, it is the court which regulates and monitors your probation. You need to appear in court periodically and tell them about your progress. This kind of probation should not interfere with your life as much.
On the other hand, formal probation requires you to report regularly to a probation officer and is mostly reserved for people convicted of felonies. Under this kind of probation, some of your liberties are a restricted, so you will have a harder time to return to normal life.
Early Termination of Probation Eligibility
Not everybody is eligible for early end of their probation, otherwise, everybody would request it and that defeats the purpose of a probation. In order to qualify for this program, you need to fit some criteria. The first of them is time–you need to have completed at least half of your probation period.This way, the system can monitor you for at least half of your probation period and ascertain that you are indeed following the right path once again.
You also cannot have any other misdemeanor or felony charges against you pending in the legal system. Finally, the prosecution which was in charge of your case needs to give their approval, or at least not appeal against this request.
What’s the Process Like?
There are 4 stages in this process which are self-explanatory.
- Notice of Motion;
- Declaration in Support of Motion;
- Points and Authorities in Support of Motion;
- Court Order
Even though the process seems simple enough, it is actually quite complex and requires professional help from criminal law attorneys. But, once you are given the early termination, you can resume your life as normally as possible, which is something worth the trouble.
To contact Monder Law Group
424 F Street, San Diego, CA, US