Q: In what situation would the DA not oppose an early termination of probation?
I have a felony battery with serious bodily injury. It's a first offense. I was given probation for it. It happened a long time ago but court took a while, and now half of my probation will have passed.
I am on low-risk probation and have not heard anything from probation since being moved to low-risk last Feb. The one thing I have heard is that I had a new probation officer that I have never met assigned in March.
My old probation officer told me that I was basically complying with all conditions and to put myself on Calander for early termination halfway through. He seemed like he was on my side for the most part.
The victim and me didn't get along. I haven't seen him since, but I imagine he hates me and will want me in as much trouble as possible.
Is there any chance the DA will not oppose it, or should I just assume she will?
A:
In California, the decision to terminate probation early is at the discretion of the court, and the District Attorney (DA) can choose to oppose or not oppose the motion. Generally, the DA is more likely to not oppose early termination of probation when:
1. The probationer has successfully completed a substantial portion of their probation term (usually at least half).
2. The probationer has complied with all the terms and conditions of their probation, such as attending required classes, paying restitution, and not committing new offenses.
3. The probationer has demonstrated a commitment to rehabilitation and has made positive changes in their life.
4. The offense was not particularly egregious or did not result in significant harm to the victim.
However, even if these conditions are met, the DA may still oppose early termination, especially if:
1. The victim objects to the early termination and wants the full probation term to be served.
2. The nature of the offense was severe or there were aggravating factors.
3. The DA believes that the full probation term is necessary to ensure public safety and the probationer's rehabilitation.
In your case, while you have complied with the conditions of your probation and completed half of the term, the DA may still oppose early termination if the victim strongly objects or if they believe the full term is necessary given the severity of the offense (felony battery with serious bodily injury). However, it's impossible to predict with certainty what the DA will do. You should consult with your attorney to discuss the specific details of your case and the likelihood of the DA opposing or not opposing early termination.
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