Q: When you try to get your probation ended early, do you go before the same judge who sentenced you?
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- California
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A:
In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons behind the original sentence, and the terms of your probation.
However, there can be some exceptions to this general rule:
1. If the original judge has retired, been reassigned, or is otherwise unavailable, the case may be heard by a different judge.
2. In some larger counties with multiple courthouses, your case might be assigned to a different judge in the same courthouse or a judge in another courthouse within the same county.
3. In rare instances, if there is a compelling reason, such as a conflict of interest, you may request that your case be heard by a different judge.
But in the vast majority of cases, you will appear before the same judge who originally sentenced you when seeking early termination of your probation. This judge will review your petition, consider your progress and behavior while on probation, and decide whether to grant or deny your request for early termination.
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