FREE 20 MINUTE CONSULTATION 760-643-4025 HOME MEET JOEL PRACTICE AREAS ARTICLES RESOURCES BLOG CASE RESULTS RECOMMENDATIONS CONTACT EARLY TERMINATION OF PROBATION FOR MANY CALIFORNIA CONVICTIONS DID CALIFORNIA LAW JUST SHORTEN ALL MISDEMEANOR AND FELONY PROBATION GRANTS? Assembly Bill 1950 (AB-1950) was passed by the California Legislature and signed into law by Governor Newsom on September 30, 2020. This bill shortens most misdemeanor probation terms to one year and most felony probation grants to two years. The purpose of the law is to shorten terms of supervision and reduce billions of dollars of costs. 1203a. (a) In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, demand reports, and to do and require anything necessary to carry out the purposes of Section 1203, insofar as that section applies to misdemeanors. The court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed one year (Penal Code §1203a, effective January 1, 2021.) IF I WAS ALREADY SENTENCED, CAN I GET MY PROBATION TERMINATED EARLY? It depends. If you were sentenced to a misdemeanor that did not have a codified duration of probation, and you have already completed all affirmative obligations, and have completed a year of probation, you may be able to petition the court to terminate probation. Early termination of non-serious, non-violent felonies without a specific duration might be available as well. ARE THERE EXCEPTIONS? Yes. (b) The one-year probation limit in subdivision (a) shall not apply to any offense that includes specific probation lengths within its provisions. Any misdemeanor that specifically provides for a period of probation greater than one year will not be affected by this new law. SO WILL THE NEW LAW SHORTEN DUI PROBATION GRANTS? Unfortunately, no. The law that governs DUI probation contains the following terms: (a) If any person is convicted of a violation of Section 23152or 23153, the court shall not stay or suspend pronouncement of sentencing and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655. (b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced. (emphasis added) San Diego County, including Vista Superior Court, Central, East, and South Bay Superior courts, haD created a form to petition for early termination of probation (CRM-319, available at http://www.sdcourt.ca.gov/pls/portal/url/ITEM/B844C517CEA1333CE05400144FFB498D. Call today if you would like information on early termination of probation in all San Diego and Southern California Courts. Joel W. Bailey Bailey Criminal Defense, Inc. (76) 643-4025 MISDEMEANOR DIVERSION AND DUI OFFENSES Posted by Joel Bailey | Apr 30, 2021 | 0 Comments Misdemeanor Diversion, 1001.95 PC, DUI Diversion Continue Reading CHILD SUPPORT ARREARS AND DCSS COLLECTION Posted by Joel Bailey | Feb 09, 2021 | 0 Comments DCSS and Child Support Enforcement In California, the law requires both parents to support their children (married or not FC §6500)). When parents are not married, the non-custodial parent can be established by a parentage action under the Uniform Parentage Act (UPA FC§7600 et seq.) California... Continue Reading PROBATION TERMS REDUCED TO TWO YEARS FOR FELONIES, ONE YEAR FOR MISDEMEANORS STARTING JANUARY 1, 2021 Posted by Joel Bailey | Jan 16, 2021 | 0 Comments New Law Limits Length of Probation Continue Reading WHAT ARE MY RIGHTS IF I WANT TO PROTEST? Posted by Joel Bailey | Jun 08, 2020 | 0 Comments You have Rights if arrested for Protesting in California Continue Reading SAN DIEGO COURTS HOLDING VIDEO HEARINGS ONLY Posted by Joel Bailey | May 27, 2020 | 0 Comments San Diego and Vista Courts slowly resume operations using Microsoft Teams to conduct Video Hearings Continue Reading SAN DIEGO COURTS TO RE-OPEN MAY 26TH, BUT NOT REALLY Posted by Joel Bailey | May 19, 2020 | 0 Comments Courts in San Diego will claim an opening on 5/26 but little to no services available. Continue Reading SAN DIEGO COUNTY COURTS TO OPEN AFTER MEMORIAL DAY (4/26/20) Posted by Joel Bailey | May 13, 2020 | 0 Comments San Diego County Courts to Open After Memorial Day (4/26/20) In response to the Covid-19 Pandemic, the San Diego County Courts have been shuttered since March 13th, 2020. The California Supreme Court adopted several Emergency Rules to handle the shutdown, effectively designating the over eight-... Continue Reading HOW "SHELTERING IN PLACE" AFFECTS CRIME Posted by Joel Bailey | May 07, 2020 | 0 Comments Drinking, Drugs and Domestic Violence Increase as San Diegans Shelter in Place. Continue Reading FEDERAL JUDGE BLOCKS BACKGROUND REQUIREMENTS TO PURCHASE AMMO IN CALIFORNIA Posted by Joel Bailey | May 06, 2020 | 0 Comments California Law Requiring Background Checks for Ammo purchases Currently found Unconstitutional Continue Reading COVID COURT CLOSURES CONTINUE Posted by Joel Bailey | Apr 30, 2020 | 0 Comments Court Closures Continue Continue Reading LOS ANGELES SUPERIOR COURT SHUTTERED UNTIL AT LEAST MAY 12, 2020 Posted by Joel Bailey | Apr 15, 2020 | 0 Comments In response to the California Supreme Court's Previous Emergency Order Shutting down all non-essential court proceedings, and at the specific request of the LA Superior Court presiding judge, LA county Superior Court has been ordered to continue its shut-down until at least May 12, 2020. What if... Continue Reading JUDICIAL COUNSEL RECOMMENDS NO BAIL ON MANY MISDEMEANORS AND FELONIES Posted by Joel Bailey | Apr 06, 2020 | 0 Comments In response to the growing Covid-19 Pandemic, the California Judicial Counsel today sent a report to Chief Justice Tani-Cantile suggesting modification of bail schedules and other drastic changes to the daily running of the court system. For criminal arrests, they are still suggesting bail for... Continue Reading DOMESTIC VIOLENCE (DV) ARRESTS IN NORTH COUNTY REDUCED, BUT CASES STILL FILED Posted by Joel Bailey | Apr 02, 2020 | 0 Comments With the growing Covid-19 pandemic, law enforcement in San Diego County have been advised to reduce the amount of arrests dramatically. Historically, for the last twenty years (post OJ Simpson), if cops arrived at the scene of a domestic violence incident, one of the participants would usually b... Continue Reading SAN DIEGO SUPERIOR COURT CONTINUES COVID CLOSURE TO AT LEAST APRIL 30 Posted by Joel Bailey | Apr 02, 2020 | 0 Comments San Diego Courts Extend Covid Closure Through the Month of April, 2020 Continue Reading CALIFORNIA TO RELEASE INMATES DUE TO COVID-19 SCARE Posted by Joel Bailey | Mar 31, 2020 | 0 Comments California Ordered to release Prison Inmates to Mitigate Covid-19 Exposure Continue Reading COVID-19 KEEPING COURTS CLOSED Posted by Joel Bailey | Mar 31, 2020 | 0 Comments San Diego Court Closure Policy and updates Continue Reading 5 STEPS TO IMMEDIATELY TAKE WHEN GETTING A DUI CHARGE Posted by Joel Bailey | Feb 07, 2020 | 0 Comments From 2017 to 2018, Californians enjoyed a whopping 903 million gallons of alcohol. That's a 5% increase from how much they consumed a decade before. California, after all, is the leading producer of alcohol in the nation. In fact, an estimated 85% of the total alcohol produced in the country in... Continue Reading DUI AND MOVING OUT OF CA? Posted by Joel Bailey | Jul 28, 2017 | 0 Comments If you have suffered a DUI conviction and are moving out of state, or already hold an out of state license, the DUI conviction in CA will likely result in a suspension in your home state, based on an interstate compact. This link shows the current member states. Continue Reading RECENT RESULTS: TRO VICTORY Posted by Joel Bailey | Jul 17, 2017 | 0 Comments Just successfully defended a client in a Domestic Violence Temporary Restraining Order (TRO) hearing. Not only did we get the TRO dismissed against my client, but also obtained a 3 yr. permanent restraining order against the other party. To celebrate the victory, I filed a motion for attorney's f... Continue Reading DOMESTIC VIOLENCE CHARGES IN VISTA OR SAN DIEGO Posted by Joel Bailey | Apr 07, 2017 | 0 Comments Domestic Violence Defense in Vista and San Diego If you have been arrested for a domestic violence (DV) offense in California, you need an aggressive attorney immediately to help you through the process. DV cases are typically defined as allegations of force or violence between individuals who ... Continue Reading WHY NOT USE THE PUBLIC DEFENDER (INSTEAD OF PRIVATE)? Posted by Joel Bailey | Mar 15, 2017 | 0 Comments Why Not Just use the Public Defender? Do you really need to retain a private attorney when faced with a DUI, Domestic Violence, or Drug Case? Although the Public Defender is only appointed for indigent defendants, many people try to save money by asking for them. Does a private attorney really ... Continue Reading TRUMP’S LATEST EXECUTIVE ORDER ON IMMIGRATION Posted by Joel Bailey | Feb 22, 2017 | 0 Comments Trump's Immigration Order to Change Everything if Enforced: I've attached below the text of the initial pages of an executive order from President Trump regarding Deportation of aliens. This order, if found to be legal and enforceable, will have sweeping and devastating effects on our criminal j... Continue Reading WHEN CAN ONLINE THREATS BE CHARGED? Posted by Joel Bailey | Oct 10, 2016 | 0 Comments The internet can be a very mean place to be. Twitter exchanges can get heated, comments on social media profiles can turn nasty, and it takes just a comment or two for a news article's discussion section to turn into an all-out flame war. Why does this happen so much? Well, the anonymity of the... Continue Reading THEFT BY FALSE PRETENSES EXPLAINED Posted by Joel Bailey | Sep 12, 2016 | 0 Comments The most typical kinds of theft usually involve an act of physical force such as burglary or robbery, but the state of California recognizes another kind of theft. This theft, called theft by false pretenses, is when someone convinces another person to voluntarily give them their property by sayi... Continue Reading ILLEGAL WEAPONS IN CALIFORNIA Posted by Joel Bailey | Aug 31, 2016 | 0 Comments In California, possession of illegal weapons can be either a felony or misdemeanor, depending upon the weapon possessed and, in some cases, the discretion of the prosecutor. By the way, Penal Code Sections 19910 through 22810 are merely re-classifications of weapons that were controlled or prohib... 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