Conditions can be modified at any time during a probation term. In cases where “good cause” is presented, the Judge has the discretion to modify or to even terminate probation (successfully) over the prosecutor’s objection.
Modifying or Terminating Probation
When determining whether or not to modify or terminate probation Judges will consider a person’s performance on probation, the nature of the underlying conviction, the reason the person needs to modify or terminate probation, and any other changed circumstances that have arisen since the time probation was granted.
Judge may be willing to modify a formal probation term to a summary (or informal) term if travel restrictions are an impediment to a person’s employment. Often changed circumstances with respect to a person’s employment can justify an order to terminate probation.
Documentation for Modifications
Judges tend to view some reasons more favorably than others. Modifications can sometimes be simple and require little documentation; however, presenting documentation to support any request to modify or terminate probation will improve the chances of the request being granted.
How We Can Help You
Our office can help you request a probation modification or termination by filing a comprehensive motion outlining your circumstances for the court and then representing you in front of the Judge at the motion hearing.
Termination of probation can itself have benefits when it comes to some types of employment. One of the most important benefits for most employment however, is that being off probation is one of the eligibility requirements to apply for a dismissal under Penal Code section 1203.4.
Contact Us to speak with an attorney, for no charge, about requesting a probation modification. – Contact Us Today