QUESTION

early termination of DUI probation

Asked on Nov 04th, 2010 on Criminal Law - California
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Is there any way I could terminate my DUI probation early? I am on 3 years probation and completed 1 year, do I need to hire a Lawyer? How big is the chances of getting probation terminated?
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10 ANSWERS

Criminal Law Attorney serving Santa Ana, CA
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It is possible. You'll have better luck with a lawyer who understands what a judge needs to hear and what would make the DA sit quietly and not oppose it. Your chances depend on your record and compliance on probation as well as whether you have a good reason to grant it, such as a pending job application.
Answered on Nov 09th, 2010 at 2:28 PM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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Judges do not like to terminate DUI probation early, therefore, there is little chance that you could accomplish this on your own. I have succeeded a number of times in terminating DUI probation early. I always file a formal Motion and support it with letters and declarations giving the judge good solid reasons to grant the Motion. It also will help if this has been your only conviction. Our office is very experienced in handling these matters. For more information or to be represented, please call
Answered on Nov 09th, 2010 at 1:28 PM

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Geoffrey MacLaren Yaryan
Probably not a very good chance of getting probation terminated.
Answered on Nov 08th, 2010 at 7:28 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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While it is possible to do so with an appropriate motion, you would have to show good cause to convince a judge to do so. That does not mean just I want to, or that the probation creates the same problems for you that it does for everyone else. With that said, you could consider trying to get the conviction expunged, which would be better than simple early termination. It would help in getting other employment for the rest of your life. Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
Answered on Nov 08th, 2010 at 10:58 AM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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If you are going to try to get probation dismissed early, I would recommend hiring a lawyer. It may be tough to get it dismissed after only 1 year of probation...but it may depend on the court you are in. Some are tougher than others. Call me if you would like to discuss it in further depth at our number, there will be no charge for the call.
Answered on Nov 05th, 2010 at 11:13 PM

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A lot will depend upon the reason why you wish to have the probation terminated. If you are trying to get in the military or need to be off probation for a job you will have a better chance. Yes a lawyer will be able to assist you in this.
Answered on Nov 05th, 2010 at 7:28 PM

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It is possible, but it would be nice for your lawyer to be able to present a valid reason, such as school, immigration...etc.
Answered on Nov 05th, 2010 at 6:13 PM

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It is up to your probation officer to recommend it. If he does you will not need a lawyer. You will need to come up with a pretty good reason. If you tell him you are moving to another county or state they will just transfer your probation. If you are applying for a new job and they will not hire you if you are on probation, might be something the P.O. would understand.
Answered on Nov 05th, 2010 at 4:28 PM

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You can make a motion to the court for early termination of probation. At 1 year out of 3 you may have a difficult time receiving the termination, but it would depend on why you need/want it. The greater the need for early termination the more likely the court may grant it. If they do not grant an early termination of probation now, you may be able to request it after some more time passes. You can either hire an attorney or file the motion paperwork yourself.An attorney can usually appear for you at court on this request and you would likely never need to go to court.
Answered on Nov 05th, 2010 at 4:28 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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You can petition for an early termination of probation, but you first of all need to have completed all obligations of probation. You need to have finished the classes, paid all your fines, etc. From there, you have to demonstrate "good cause" as to why the court should let you out of your plea deal early. You can do this on your own, but the odds of you getting it granted are slim. I'd suggest you consult with a criminal defense attorney in your area, discuss your reasons for wanting to terminate probation and your options from there. Good luck.
Answered on Nov 05th, 2010 at 4:13 PM

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