Motion to Terminate Probation

How to Ask for Early Termination of Probation

CONTENTS

This packet includes:

BACKGROUND

Penal Code § 1203.3 (a) provides in part: "The court may at any time when the ends of justice will be subserved 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."

Ordinarily, a defendant who has either satisfactorily completed the probation period or has been discharged before its termination is entitled to have his or her guilty plea expunged and the accusations dismissed. Penal Code § 1203.4.

PROCEDURE

Overview

Before any term or condition of probation can be modified, a hearing must be held in open court before a judge. The prosecuting attorney must be given two days written notice and an opportunity to be heard on the matter. If there is a modification, the judge must state the reasons for that modification on the record.

The probationer may make the application for and the change of plea in person, by attorney, or by the probation officer, if authorized in writing.

Before issuing an order terminating probation, the court or its clerk must notify the probation officer in writing of the court's intention to terminate probation.

Step-by-Step Instructions

Step 1. Evaluate If You Qualify

Typically, the defendant will need to establish that he or she has completed the court-ordered sentence, paid all fines and restitution, and finished all counseling requirements. This includes any additional terms imposed at the time of the conviction.

Step 2. Notification

Once you determine that you may qualify to terminate your probation, you must notify the Prosecuting Attorney and the Probation Officer in writing of your intention to file the Motion to Terminate Probation.

Step 3. Create Pleadings and File them with the Superior Court

You must create the following pleadings and file them with the Superior Court. Sample pleadings are included in this guide:

Declaration in Support of Motion to Terminate Probation
Notice of Motion to Terminate Probation
Order Terminating Probation
Points and Authorities in Support of Motion to Terminate Probation

Step 4. Attend Hearing

After your papers are filed with the court, the clerk will set a time for hearing. At the hearing, the judge must state the reasons for any modification on the record. Before issuing an order terminating probation, the Court or its clerk must notify the probation officer in writing of the Court's intention to terminate probation.

Step 5: Appeal

The defendant may appeal an order denying early termination of probation and release from penalties under Penal Code Sections 1203.3 and 1203.4.

FOR HELP

VLSP Criminal Records Expungement Clinic
http://www.vlsp.org/criminal.asp (916) 551-2155
Tuesdays, Wednesdays and Thursdays - 10:00 a.m. and 4:00 p.m.
915 Broadway, Sacramento
Services provided: assistance expunging criminal records.
Call for an appointment.

FOR MORE INFORMATION

On the Web

Sacramento County Probation Department
http://www.probation.saccounty.net (916)875- 0300

Sacramento District Attorney's Office
http://www.sacda.org/

At the Law Library

California Criminal Law Procedure and Practice KFC 1155 .C254
§38.25, §38.25A
This book is a comprehensive guide to California criminal law. Coverage includes preliminary hearings and grand jury proceedings, discovery and pretrial motions, plea bargaining, jury selection, misdemeanor and felony sentencing, appeals, and more.
Electronic Access: On the law library computers, using OnLaw.

Witkin California Criminal Law KFC 1100 .W4 C34
Volume 3, §573 et al.
This set gives comprehensive coverage of crimes, defenses, punishment and criminal procedure. Includes an index, table of statutes, table of rules, forms, and jury instructions.
Electronic Access: On the law library computers, using Westlaw.

California Criminal Defense Practice KFC 1155 C342
Chapter 90.06-90.12
This practice guide takes you step-by-step through every part of a criminal case from arrest and searches, through preliminary hearings, pretrial procedures, trial preparation, trial, sentencing and post-trial remedies. Topics covered include confession, incompetency and insanity proceedings, death penalty practice, three strikes sentencing, appeals and habeas corpus proceedings, murder, robbery, narcotics and alcohol offenses, sex offenses and burglary.
Electronic Access: On the law library computers, using the LexisNexis CD.

updated 01/06/2011 rmm