early termination of DUI probation 12 Answers as of April 19, 2011

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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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You will need to hire a lawyer to have any chance and then some judge believe that you must complete 3 years probation on a DUI. Attempting to do so after only 1 year is not likely to happen anyway.
Answer Applies to: California
Replied: 4/19/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
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.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
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
Answer Applies to: California
Replied: 11/9/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Probably not a very good chance of getting probation terminated.
Answer Applies to: California
Replied: 11/8/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 11/8/2010
    Law Office of Marc K. Herbert
    Law Office of Marc K. Herbert | Marc K. Herbert
    Because probation can be ended early at the discretion of the sentencing judge, it depends on the judge and his/her attitude.

    If you have fully completed all terms of your probation, do not have a significant criminal history and were not arrested recently for a new charge, many judges would strongly consider an early termination of probation.

    Yes, you should hire a local attorney, who would know the judges and what he/she wants to see for an early termination of probation.

    If you would like to talk about your case in more detail, please call my office.
    Answer Applies to: California
    Replied: 11/7/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    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.
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    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.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It is possible, but it would be nice for your lawyer to be able to present a valid reason, such as school, immigration...etc.
    Answer Applies to: California
    Replied: 11/5/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Office of William M. Concidine
    Law Office of William M. Concidine | William Concidine
    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.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    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.
    Answer Applies to: California
    Replied: 11/5/2010
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