Legal Question in Criminal Law in California

Early release from a 5 year probation sentence

I was wondering what is the min. amount of time one has to be on probation to file for a motion to get of probation early? I got my dui in june 2007. took a plea bargin sept 11th pleading guilty to Dui w/ injury. A felony. I got 60 days on house arrest. first offenders program. and 5 years probation. Along with a fine. Say i paid the fine.. finished dui school... and spent a year on probation, do you think I would be able to get off early? I have other factors that apply.. I used to work at a juveniles detention facility as a probations corrections officer 1. I am about to graduate with my A.S in Criminal justice... I could get letters of character reference without a problem. Also my dui with injury was not death. It was a single vehicle accident. My passenger broke her ankle. All medical bills are paid. All cal trans bills were paid. I have been in really good standing with my probation officer. What do you think? how are my odds if I file for it at the year mark?


Asked on 5/15/08, 1:26 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Early release from a 5 year probation sentence

I think your chances are not great if you only completed one year of probation. However, it does not hurt to try, especially in your case where you have a lot of good reasons to be taken off. The worst that will happen is the judge will tell you to renew your motion later and/or you might pay some money for your lawyer to make an appearance.

My view is that the earlier you start asking the court to terminate probation, the better chances you have to have it done as soon as possible. If you have to come second time let's say 6 months or 1 year later, the judge will have remembered you and the fact that you have been trying very hard and will be more likely to grant your motion. That is my opinion anyway.

Good luck.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 5/15/08, 3:58 pm


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