While being sentenced to probation can allow defendants to reduce or avoid jail time or to even avoid a legal trial altogether, probation violations can lead to a wide range of numerous and potentially severe legal consequences. The California Penal Code allows a judge in a felony or misdemeanor case has the power to grant an early termination of probation at any time. Obtaining the right legal assistance can be of the utmost importance when it comes to arranging for early termination of probation. Clients of the best attorneys may enjoy considerable advantage in their efforts to reduce the length of their probation or to obtain an early termination.
Legal Consequences of Probation Violations
Being arrested for a new crime while on probation for a past felony or misdemeanor charge may lead to severe consequences that may include extending the length of probation, having probation revoked or the imposition of the maximum sentencing allowed by law. Those who are found to be in violation of the terms of their probation may be subject to arrest and faced with a probation revocation hearing. Adhering to the terms and conditions of probation can become far more difficult for those faced with longer sentences. Arranging for early termination can reduce the risk of future consequences and further problems caused by a violation.
What Constitutes a Probation Violation?
In the State of California, the court is provided with a great deal of discretion when determining the terms of a probation. Judges may issue any type of condition as long as it maintains a rational relationship to the type of offense committed. Probation violations occur whenever any of these terms are not met and common issues may include:
Reducing the length of a probation can significantly decrease the risk of a violation. Formal legal assistance and representation can be a key asset in the efforts to secure early termination.
The California Penal Code allows a judge to terminate a probation early. In cases where early termination is granted, it is not uncommon for the court to expunge a defendant’s criminal record and a felony charge may even be reduced to a misdemeanor. Valid reasons for granting early termination typically include:
While the court has the ability to grant early termination at any time during the probation period, judges typically require defendants to complete several months of probation without issue before they may be willing to consider the motion.
Finding the Best Legal Resources
The process of securing early termination involved filing a motion with both the court and prosecution prior to an early termination hearing. Defendants are required to demonstrate “good conduct and reform” during the hearing in order to justify the request. Seeking the best legal assistance is of paramount importance when it comes to preparing for a hearing and securing more favorable ruling or verdict. For defendants interested in arranging early termination and those seeking to avoid or minimize the consequences of a probation violation, finding the best attorney is never an issue that should be left to chance.
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