Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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A judge may have awarded you with probation after pleading guilty to a DUI charge. But now what? Your defense attorney said that you could get early termination of probation. Is this true?
Yes, depending on the specific facts of your case. Most jurisdictions say that you can ask a judge for early termination of your probation at any time.
But many courts have certain “unwritten rules” regrading early termination. For example, as a general policy, a judge may not terminate probation early unless you have served a certain portion of your probationary term, such as 15 months.
“Probation” means serving a jail sentence or prison sentence in the community instead of in custody. A judge can award probation in both misdemeanor and felony cases.
Note that you usually have to follow certain terms and special conditions of probation. Examples include:
Criminal procedure laws of most states say that you can ask a court at any time during your period of probation to terminate probation early.1
But keep in mind that many courts and judges, as a matter of policy, may require you to complete a certain probationary period before they grant early termination.
For example, some judges may say that they will not terminate your probation early until you complete at least:
Please note, though, that these are just general rules for eligibility. Your specific circumstances and the facts of your criminal case may persuade a judge to terminate your probation earlier if he/she believes that “justice has been served.”
Most jurisdictions say that to receive early termination, you must file a motion with the court and request it.2
In our experience, it is usually best to consult with a criminal defense attorney and have the lawyer file a motion for you. These motions can grow complex and involve certain intricacies of the law.
In many cases, a judge will hold a hearing before agreeing to terminate your probation early. In reaching a decision on termination, a judge may use this hearing to learn more about:
Once you file a motion for early termination, the judge will likely make a ruling on it within a few weeks.
A judge will usually terminate your probation early if:
Note that a judge may also grant your motion for early termination if you can show that you would suffer some hardship if you continued with probation. “Hardships” may include that probation is:
Usually, yes. Most states require you to complete probation before you can file for an expungement.3
Early termination counts as completing your probation. Therefore, once a judge approves early termination you can also the court for an expungement.
If granted, an “expungement” means that your criminal conviction gets erased from your record.4
If a crime gets expunged, you do not have to mention it to a potential employer while looking for a job.
Yes. If you want to terminate your probation early, you should seek the legal advice of a defense attorney or law firm.
A local law office can inform you of local rules and court policies regarding when you can start trying to terminate your probation.
A defense lawyer can also file an appropriate motion on your behalf and represent you at an early termination hearing.
Please note that there are several benefits to an early termination. Some of these are that you:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.