Early Release from Probation.

[cjeverard26]

What is the name of your state (only U.S. law)? California

I was charged with a misdemeanor disturbing the peace and put on 3 years probation. I have now served 1 year of my probation and am trying to join the military so need to petition the courts for early release. Does anyone know what it is that I need to do. I went down to the court where I was sentenced and told the clerk what it was that I wanted to do. He just gave me an expungement packet to fill out, but before I can file for expungement I have to file for early release. I have an attorney that that originally represented me with this case but I have already paid the $13,000, so i am trying to get this done myself if I can...... Thanks for any help that anyone is able to give me!

[SIN EATER]

You paid 13k for disturbing the peace ??

Was this a reduced sentence ? If so, it's unlikely the Judge will terminate probation.
You need to get in front of the Judge & it depends greatly on whether the Prosecutor in that court will argue against you, or not object to early termination.

If you have a letter from a recruiter stating that the only obstacle to your enlistment is the probation, or can bring the recruiter to court, that will definitely sway the Judge (& Prosecutor) to allow termination of probation.

[ERAUPIKE]

Originally Posted by cjeverard26

What is the name of your state (only U.S. law)? California

I was charged with a misdemeanor disturbing the peace and put on 3 years probation. I have now served 1 year of my probation and am trying to join the military so need to petition the courts for early release. Does anyone know what it is that I need to do. I went down to the court where I was sentenced and told the clerk what it was that I wanted to do. He just gave me an expungement packet to fill out, but before I can file for expungement I have to file for early release. I have an attorney that that originally represented me with this case but I have already paid the $13,000, so i am trying to get this done myself if I can...... Thanks for any help that anyone is able to give me!

The months following 9-11 saw more leniency for those wishing to join the military. I believe, and please correct me if I am wrong, you must serve at least half of your original sentence before you can be granted an early release.

[CdwJava]

I think the $13,000 was for attorney's fees, too ... though that is INCREDIBLY high for a charge of PC 415! It would have been cheaper to have pled "no contest" and paid the max. fine plus fees - at least 20% cheaper!

If you Google for "1203.3 petition form", and "1203.4 petition form" (without the quotes) you will find links to sites that have those forms for sale.

The first form is to ask for early release from probation, the second is to have the offense expunged.

- Carl