Get Off Felony Probation

Felony Probation Explained
By San Diego Defense Attorneys

The Basics

Penal Code 1203.3 allows Judges the discretion to alter, modify, or terminate a misdemeanor or felony probation.  It goes without saying that a misdemeanor probation is often easier to get than a felony probation.

If you are felony probation, it is incredibly important that you do not violate your probation in anyway.  If you do, you stand little to no chance of having a Judge grant early termination of your felony probation.

Reducing Felony to Misdemeanor

Visit our Reduce Felony to Misdemeanor page to learn how you can reduce certain misdemeanors to felonies.  A good attorney will first reduce your felony to a misdemeanor before trying to terminate probation ahead of schedule.  If your felony can be reduced, then this is definitely the first step you need to take.

Once reduced to a misdemeanor, and assuming you have not violated the terms of your probation, you stand a good chance of having your probation terminated early.  Judges usually are sympathetic in these types of cases, and they are generally inclined to grant your motion if you are at least half way through your probationary term.

From that point, you would be well under way to both Terminate Your Probation and ultimately Expunge Your Record so you can Truthfully and Legally say you were never convicted of the crime.

Denial of Early Termination

If the Judge denies your motion for Early Probation Termination, it will be done “without prejudice.”  This means that you can reapply later once more time passes, and your previous attempts will not be held against you.  

Termination of Protective Orders

If you were charged with domestic violence, probation often comes with a protective order from the court requiring you to have no contact with the victim.  A Post-Conviction attorney can ask the court to terminate or modify the protective order if enough time has passed, and if the victim and defendant have reconciled their problem.

Judges will consider any change in circumstances, such as whether you have accepted responsibility, if you are attending or have completed self-management classes, if you have completed counseling for alcohol or drug abuse, if the victim him or herself desires to change the protective order, etc.

DO I NEED AN ATTORNEY FOR THIS?

The process of obtaining an Early Termination for a Felony offense can get complicated. You need an experienced attorney who understands what it takes to win. Drafting a good motion to argue is key, and a lot of the time it all comes down to having strong negotiation skills.

It’s also important to have people on your side who actually care about the outcome of your case. Our attorneys and staff take care of every step for you. We work fast, and our services are priced low.

Setting up a FREE consultation is easy, and we can start working for you right away. Fill out the form and someone from our office will contact you. You can also call us directly at 619-708-2073 if you have any questions.

We care for you, and we’re on your side to get you the relief you need.