Legal Question in Criminal Law in California

What is the best approach to show that it would be in the interest of justice to allow an early termination of probation due to the fact that the charge is a disqualifying penal code and prevents me from obtaining gainful employment? The DA has opposed my motion for 1203.3 and 1203.4 stating the 48 month minimum probationary period, but this can be waived if it can be shown to be in the interest of justice. Seeing as the charge was child neglect, I completed the 52 week class, and have been on probation 29 months, to remain on probation another 19 months would be preventing me from adequately providing for my children.. What is the best way to present this information, or cite it, or support it to show that it is in the interest of justice to allow early termination? I can not get a job until this is off my record. It would be a severe financial hardship to remain any longer on probation. We have suffered greatly already.


Asked on 10/06/10, 7:13 am

2 Answers from Attorneys

Scott Ball Law Office of Scott R. Ball

You're on the right track. What is "in the interests of justice' is completely up for interpretation by the judge. You need to show proof that 1) you have learned your lesson or whatever it was that led to the underlying conviction has been addressed and remedied, and this is something that will never happen again, 2) that the conviction is the reason you are unable to find employment, and 3) without employment the children are suffering. I would get letters of recommendation from people who know you well and can speak highly of you as a parent, preferably from someone like a pastor at your church or other such respected persons. Show your qualifications to get a good job, such as a college or other professional degree or training, that but for the conviction you would receive the job. I would recommend you at least speak (in person) with an attorney about filing a 1203.3 motion, as it is rarely done in pro per, but it sounds like you grasp the concept enough to give it a try on your own. If you'd like to contact me (find me on Google) I may be able to send you in the right direction. Good luck.

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Answered on 10/11/10, 10:34 am
Terry A. Nelson Nelson & Lawless

You'll state and rely upon whatever arguments you've got. The decision is up to the judge. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 10/11/10, 11:34 am


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