Modification or Termination of Probation under PC 1203.3
If you have been sentenced for a misdemeanor or a felony crime, a judge could have imposed probation rather than incarceration. The terms of the probation vary greatly depending on the crime involved and the individual’s criminal history. The most common terms of the probation include refraining from owning or possessing a firearm, leaving the jurisdiction without probation officer’s approval, or consuming illegal drugs. The term of the probation may even restrict a person from consuming medical marijuana.
However, the court has authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. Under PC 1203.3, the court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.
The court shall also have the authority at any time during the term of mandatory supervision,revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person’s term.
Modification of the Terms
The court will look at the person’s good conduct and reform while on probation, to modify any of the conditions. The court is not going to modify any of the conditions if the request is based on the same facts as the original order granting probation. It often takes a unique argument to demonstrate to the court the change in conditions and good cause to modify.
How Can We Help?
Attorneys at Delicino & Vialtsin, LLP can prepare a formal motion to modify or terminate your probation. We will be able to schedule a hearing in open court to address modification or termination of particular terms of your probation. Although making the most persuasive argument is crucial, the foundation must be laid before the date of the hearing. An experienced criminal defense attorney should attempt to get the prosecutor and the probation officer on board. Under the statute, the prosecutor and the probation officer must receive notice, thus it is beneficial to communicate with them rather than surprising them with paperwork.
The following five (5) documents will be prepared on your behalf:
- 1. Notice of Motion
- 2. Declaration in Support of Motion
- 3. Points and Authorities in Support of Motion
- 4. Order
- 5. File proof of service with the court
As previously mentioned, a number of factors will determine whether the modification of the terms of the probation or early termination of probation is granted. The paperwork must be properly submitted following all of the court rules. You attorney must effectively communicate with the probation officer and the prosecutor. Your attorney needs to convey the most persuasive argument to the court and the opposing parties.