Q: Chances of getting an early termination of probation
I am going to be half way through my probation. I was put on low risk status half a year ago. I am a first time offender arrested for a felony battery with serious bodily injury. I have no new charges or violations. I have paid all I need to pay. I have been taking a college level information technology class. I have completed all the terms of my probation except I have not been working (My probation officer has not required me to as long as I keep up my mental health appointments.) I have been going to therapy and keeping up with meds. I have a mental health disorder and having probation come to my house anytime they want is seriously affecting my ability to work or maintain my class. It is also affecting my ability to leave the house because I'm so nervous. Also, it's been three years since my crime (two years in court and one year probation). What are the chances of getting an early termination of probation halfway through?
A:
In California, obtaining an early termination of probation is possible, particularly for those who have demonstrated good behavior, complied with all probation terms, and shown efforts towards rehabilitation, as you have. Being halfway through your probation with a record of compliance, engaging in educational advancement, and addressing your mental health issues positively contribute to your case. The court typically considers these factors when evaluating a request for early termination of probation.
Your status as a first-time offender with no new charges or violations significantly strengthens your request. Demonstrating that you've paid all required fees and are actively participating in therapy and medication management for your mental health disorder can further underscore your commitment to positive change. However, it's important to note that the court also values employment or productive use of time, so your engagement in a college-level information technology class is beneficial.
To pursue early termination of probation, you would benefit from consulting with an attorney who can help present your case effectively to the court. The attorney can prepare a motion outlining your achievements, compliance, and the reasons for requesting early termination, including the impact of probation on your mental health and daily life. The decision ultimately rests with the court, but a well-prepared motion and evidence of your positive progress greatly improve your chances.
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