Probation Modification and Early Termination of Probation in California – Penal Code 1203.3 PC
Can I Modify or Terminate My Probation Early in California?
For many misdemeanor and felony convictions, a judge can impose a probation sentence in lieu of incarceration. If probation is imposed, you will be ordered to abide by certain conditions set forth by the court. Often times, you may also be subject to the supervision of a probation officer.
The conditions of probation may require you, for example, to refrain from owning or possessing a firearm; consuming, possessing, or having access to alcohol; or it may prohibit you from leaving the jurisdiction without permission from your probation officer.
You may, however, request that the court modify the terms of probation at any time during the probation period, and under certain circumstances, you may request the court for early termination of probation. The court has the authority to make such changes under California Penal Code Section 1203.3 (PC 1203.3).
In addition, you can request a sentence modification by bringing a motion per Penal Code Section 1203.3. This means you can request the court to shorten or eliminate the balance of your jail sentence you have not completed.
Wallin & Klarich can Help You Request for a Probation Modification
With the assistance of a criminal defense attorney, you may submit a formal motion to the court for a modification of certain condition(s) of probation. Before any sentence, term, or condition of probation is modified, a hearing must be held in open court before the judge.
The rules for a sentence modification hearing are as follows:
- The prosecution must generally be given a written notice and an opportunity to be heard on the matter in which they may voice their opposition. (A five-day written notice is required if the court is considering modifying or terminating a protective order in a case involving domestic violence).
- If the sentence, term, or condition of probation is modified, the judge must go on the record and state the reasons for the modification.
- Modification of sentence for these purposes includes reducing a felony to a misdemeanor.
- No order will be made if written notice of the intention to modify the order is not first given to the proper probation officer.
It is during these hearings that an experienced criminal defense attorney may argue on your behalf for a probation modification.
Modifying the Term and Conditions of Probation
Your attorney may be able persuade the court to make modifications if you can demonstrate good conduct and reform while on probation. Your attorney may also request a modification based on a change of circumstances or if other unexpected events arise that qualify as “good cause” for the court to modify the terms or conditions of probation.
No adjustment of a probation order can be based on the same facts as the original order granting the probation, but must be based on new facts that are brought to the attention of the court.
If given good reason, a judge can modify the terms and conditions of probation in a variety of ways that include but are not limited to:
- Converting possible jail time to monitored home confinement;
- Allowing re-enrollment in an alcohol program;
- Converting a fine to community service;
- Reducing certain terms to allow the defendant to obtain employment;
- Converting possible jail time to a drug or alcohol rehabilitation program, and/or
- Lifting travel limitations.
Early Termination of Probation
A court may also terminate your probation early and discharge you of its obligations if it is done in the interest of justice or if you exhibit good conduct and reform. This would require a convincing showing that changes in your life will require adjustments in probation terms and that you’ve demonstrated good conduct or reform during the probation period.
If you are successfully discharged from probation, the court may allow you to withdraw your previous plea of guilty or no contest, or may even set aside your guilty verdict. In this way, it is possible for you to avoid incarceration altogether and expunge your criminal record. (Penal Code Section 1203.4)
Let Wallin & Klarich Help You Modify or Terminate Your Probation Early
A probation sentence can be a heavy burden to bear for you and your entire family. It could potentially interfere with other rights or privileges to which you may be entitled. For example, a term of probation that is unreasonably restrictive could interfere with your ability to obtain and maintain gainful employment. Our attorneys at Wallin & Klarich can help you successfully petition for a modification of your probation. We have over 40 years of experience in representing the rights and interests of those encumbered by probation limitations.
With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina, Wallin & Klarich has over 40 years of experience in successfully representing Southern California residents.
Call today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation. We will be there when you call.
Legal References:
