Many people struggle to find effective representation when they are in the criminal justice system. As a result, they miss out on many resources. Modifying your probation terms in California is possible, but unfortunately, many people have no idea where to start. Many people are unable to meet their probation terms and are punished as a result. This could all be avoided with the correct guidance.
Although probation modification is possible, it is also incredibly specific. Any modifications or early terminations require the submission of a legal pleading. If this sounds intimidating, it’s because it is. Filing this type of petition is tricky, and making a mistake could cost you personal privileges. To get the results you need, rely on an experienced Criminal Defense Attorney who can walk you through this process step by step. Speak to Edvin Flores at Confianza Legal for high-quality representation at 562-991-6298.
What is a Probation Modification?
Probation modification means any alteration or termination of your probation terms. You apply for modification at any point during your probation. In order to complete a modification, you must submit a formal request to a judge to modify your probation.
Common Examples of Probation Modification Include:
- Adjusting travel restrictions
- Strike a special condition, such as adjusting the curfew
- Modify terms of community service
- Reducing specific terms so you can find employment
- Modifying jail time in favor of home confinement
An experienced attorney can make the case on your behalf for modifications that can impact you and your family’s life for the better. You can’t ask for a probation modification and see it happen immediately. All requests must go through the court system, which can be a complicated process.
How Do I Request a Probation Modification in California
So, there are barriers in your life that are preventing you from meeting your probation requirements. Maybe your schedule changed, or you need to travel, or you don’t have the funds to pay restitution – how do you start the process of modifying your probation?
- You must provide your probation officer with a written request to modify your probation.
- Your attorney will send the prosecution a written notice, giving time for them to voice any objections.
- The written notice must be submitted if you’re asking the court to change or dismiss a protective order in a domestic violence case
- The judge decides to modify or terminate probation on the written record.
How Do I Change or Dismiss a Protective Order in Domestic Violence Cases?
In instances where someone is accused of domestic violence, the judge will usually issue a criminal protective order for a period of three years. A criminal protective order essentially restricts contact with the victim of domestic violence. This length of time can also be extended if necessary.
In order to modify or remove the criminal protective order, the court will consider factors before making a decision. Examples of these factors include:
- Whether the defendant has accepted responsibility for their abusive behavior
- Whether the defendant is currently in counseling
- Whether the defendant has attended Narcotics Anonymous or Alcoholics Anonymous meetings
- Whether the victim requests the change or termination
- How this change or termination will impact children involved
Making modifications or terminating a criminal protective order is a lengthy process, so it is highly recommended to contact a lawyer before you start.
Will a Judge Deny My Motion to Modify Probation?
Yes, it’s possible a judge will deny your motion to modify probation. However, there are always ways you can make your case as strong as possible. Consider this situation; you want to modify your probation and go through the proper channels. However, right after you file your motion, you incur a probation violation. It’s a small violation, and you made it after you filed your motion. In fact, you’d like to modify your probation because of the circumstances surrounding your violation. Will the judge still deny your motion to modify?
Having a pending violation probation is one of the many reasons a judge may deny your motion to modify probation. Other reasons why a judge may deny your probation could include not following the proper steps to file your probation or not meeting factors to end a criminal protective order.
If your motion is denied, courts have the option to deny with the option of petitioning at a later date or deny with prejudice. If a court denies with prejudice, they’ve decided that you are not allowed to bring another request and will satisfy the rest of your probation.
Can I Modify My Motion If I Have A Probation Violation
Yes, you can modify your motion if you have a previous probation violation. However, this will make your case significantly more difficult. Your probation violation will definitely be a factor in the judge’s decision. But this doesn’t mean that the positive behaviors you’ve exhibited will be thrown out.
Speak with your attorney so they can work to create a case that showcases the ways you’ve worked to meet your probation requirements instead of just focusing on the negatives.
Can I File a Motion Without a Lawyer
We do not recommend filing a motion without a lawyer. As you can see, there are many things that can go wrong with your request and negative consequences as a result. By hiring an experienced criminal defense lawyer, you are taking the correct steps toward forming a solid case. Your lawyer will be able to customize your request to your specific needs, ensure your paperwork is completed correctly and on time, and have the ability to argue facts to a judge on your behalf.