Proposition 36 Completion

[mimirudy]

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

Hello,

I have addressed this question to my lawyer and my probation officer in which they both had basically the same answer, "they are not sure".

I was given a simple misdemeanor last year. Long story short, I was given a Proposition 36 with 3 years probation, search & seizure. I have just completed the court requirement, completing a 3 month Drug Treatment program/counseling and all fines paid in full. The "proof of completion notice" has been signed off by the drug treatment program as completed, which they faxed and also called my probation officer of my successful completion.

When I met with my P.O. 4 months ago, she stated to me that she would be the one responsible to appear in front of the judge to request the termination of my probation, not me.

My question is, will I have to actually wait the 3 years or can the P.O. request the termination of my probation now?? She indicated to me when we first met that she has never handled a Prop. 36 with a probation of 3 years and seemed quite unsure.

If I am leaving something out that can be of further assistance to you, please let me know and I will respond quickly.

Thanking you in advance for any advise on this matter.

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

[CdwJava]

If yours is felony probation, then the court will generally want to see at least 18 months of the probation completed before they will entertain a petition for early termination. It can be 12 months for a misdemeanor. Whether the court will entertain the motion at all will depend a great deal on the court. It has been my impression that courts are very reluctant to end Prop 36 probation because what ends up happening in many instances is that the defendant goes back to his or her old ways not long afterwards. I suspect they want to give you the longest possible time to remain clean before they entertain the proposal to end your probation early.

- Carl