EARLY TERMINATION OF PROBATION
What is a Probation?
Probation is given at the sentencing hearing of a misdemeanor or felony and in essence is the equivalent to the judge allowing you to remain free in exchange for your promise to follow a checklist of things to do and to not do.
How Do You Get Early Termination?
If you follow the comply with the instructions/order the judge issues you, you may ask to terminate your probation early. In order to succeed on a Motion to Terminate Probation early, the judge will want to make sure of the following:
What Is A Probation Violation?
If, on the other hand, you violate the court's order and/or instructions, then you have violated your probation. A common probation violation involves a violation of the order to obey all laws because a new offense was picked up. Other violation examples include failing to appear at a court date, complete a course (ie: DUI, domestic violence, anger management, parenting) pay restitution or a fine, and submit to a drug test.
When a probation violation occurs, the District Attorney has the power to punish you with jail or prison even if you are not convicted of the new crime. Before the District Attorney can implement such punishment, you have a right to have a hearing and contest the allegation just like any other charge. Similarly, you have the right to be represented by an attorney, call witnesses and use the power of the court to compel witnesses to come to court, cross-examine and confront witnesses, present mitigating or extenuating circumstances, and testify on your own behalf.
Attorney Service to Help You
The Law Office of Mario Zapata can vigorously advocate on your behalf and help you win your probation violation hearing. If you are being accused of a probation violation or want early termination, Contact our office immediately for a free consultation.
Probation is given at the sentencing hearing of a misdemeanor or felony and in essence is the equivalent to the judge allowing you to remain free in exchange for your promise to follow a checklist of things to do and to not do.
How Do You Get Early Termination?
If you follow the comply with the instructions/order the judge issues you, you may ask to terminate your probation early. In order to succeed on a Motion to Terminate Probation early, the judge will want to make sure of the following:
- You have successfully completed the terms of your probation (such as fines, classes or restitution), and
- There are circumstances that justify early termination (such as employment, advancement at work, or necessary travel).
What Is A Probation Violation?
If, on the other hand, you violate the court's order and/or instructions, then you have violated your probation. A common probation violation involves a violation of the order to obey all laws because a new offense was picked up. Other violation examples include failing to appear at a court date, complete a course (ie: DUI, domestic violence, anger management, parenting) pay restitution or a fine, and submit to a drug test.
When a probation violation occurs, the District Attorney has the power to punish you with jail or prison even if you are not convicted of the new crime. Before the District Attorney can implement such punishment, you have a right to have a hearing and contest the allegation just like any other charge. Similarly, you have the right to be represented by an attorney, call witnesses and use the power of the court to compel witnesses to come to court, cross-examine and confront witnesses, present mitigating or extenuating circumstances, and testify on your own behalf.
Attorney Service to Help You
The Law Office of Mario Zapata can vigorously advocate on your behalf and help you win your probation violation hearing. If you are being accused of a probation violation or want early termination, Contact our office immediately for a free consultation.