Courts have the authority to terminate probation early. That is, if you were placed on probation for 36 months, you have the ability to ask the court to reduce that time period and the court, if it is convinced there is a good reason to do so, can do so. (See Pen. Code, § 1203.3.)
What Does AB 433 Do?
The governor has now signed AB 433, which places additional hoops that a defendant seeking early termination must jump through. That is, before the court will entertain the request, the defendant must provide 2 days’ written notice to the prosecution – unless the case involves a domestic violence offense, in which case the defense must give the prosecution 5 days’ written notice. The law specifically states that if the defendant is asking the court to reduce the sentence from a felony to a misdemeanor under Penal Code section 17, subdivision (b), the written notice is likewise required.
Obstacles Defendants Face
If there is a victim of the crime you were convicted of and the victim requests to be notified about developments in the case, the prosecutor is required to contact the victim. If the defendant still owes the victim restitution, the prosecution must request a continuance of the hearing to allow the victim to be heard on the issue of restitution.
As you can see, the legislature always finds creative new ways to place hurdles in the path of a criminal defendant and keep the defendant under the jurisdiction of the court for as long as possible. We have been defending people like you in matters like this for over 40 years and we keep abreast of all the latest loopholes like this. If you or a loved one are seeking early termination of probation on any California criminal case per Penal Code section 1203.3, please contact us today.
Contact the Criminal Defense Attorneys at Wallin & Klarich For More Information
If you wish to modify any of the conditions of your probation or you want to end your probation early, contact the experienced criminal defense attorneys at Wallin & Klarich. Our skilled and knowledgeable lawyers have been successfully representing clients in probation matters for more than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 386-7269 for a free phone consultation. We will be there when you call.