Archive for the ‘Probation Modification’ Category

Probation is the suspension of the imposition or execution of a sentence, where an individual is conditionally released from custody under the supervision of a probation officer or the court. Probation is generally reserved for those individuals whose conditional release into society poses minimal risk to public safety. In order to successfully complete probation and have his or her case dismissed by expungement,  a probationer must satisfy all terms and conditions of probation during its entire period, which is usually either three or five years. Failure to satisfy any of the numerous conditions of probation may result in termination of probation and imposition of the sentence.  

However, the court may modify terms of probation at any time during a period of probation. Such modification may be done on the court’s own motion, or upon a request of the probation officer, the probationer, or the prosecutor. A court may revoke or modify terms of probation at any time before the expiration of that term. The court’s decision to modify probation must be based upon new facts or changed circumstances. Examples of such circumstances include instances when the probationer has violated any of the conditions of his or her probation, has deceived the court at the time probation was granted, or has subsequently committed other offenses, regardless of whether he or she has been convicted for such offenses.

At the same time, the court has the authority to modify probation conditions in favor of the probationer based upon the same legal standard of changed circumstances. However, the court may not modify a jail term that was included within the terms of a negotiated plea agreement (a “stipulated sentence”) unless both the defendant and the prosecution agree to the proposed modification. Neither is it possible for the court to modify the amount of restitution owned to the victim solely on the evidence of the probationer’s good conduct and reform without showing the existence of compelling and extraordinary reasons. It is also important to know that probation cannon be revoked for lack of payment unless the court finds that the person willfully failed to make restitution or other payments, and probation may not be extended past the maximum period for which the probationer could have been incarcerated, or five years.

An experienced attorney is in the best position to determine what factual circumstances warrant probation modification. This office handles all types of matters involving modification of probation in San Diego County. For a free consultation, contact us at:

info@attorneylombardo.com.

For more information on probation modification, see the following:

http://www.attorneylombardo.com/probation_violations/jail-sentence_fines-arrests

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California law affords judges a great deal of discretion to terminate probation at any time. Most misdemeanor convictions are punishable by a probation term of three years. A specific provision of the California Vehicle Code, however, specifies that DUI violations are to be punished with at least a three year probation term. Most courts will impose a five year term of probation. While this may appear to require that a person convicted of DUI spend at least three years on probation, this is not actually the case. This minimum probation requirement only applies at sentencing. After probation is granted, the judge can terminate probation at any time upon the application of the defendant. However, as with any other probation case, the appropriate time to apply for probation terminate is when sufficient good conduct and reform can be demonstrated, or upon a showing of “good cause.” An experienced attorney is in the best position to make the factual determine of whether adequate time has elapsed to demonstrate what is required to be successful in an early termination request, an accordingly when is the appropriate time to file a such a request.

If you are on probation and would like your probation terminated, our office can help you determine when to file such a request with the court and we can outline proactive steps for you to take that will afford you the best chance of having your request granted. We may be reached at: info@attorneylombardo.com

Of course, once probation is terminated, there are may be options available for clearing the record through expungement, for example. For more information, see:

 www.attorneylombardo.com/clearing_criminal_record/expungement-clearing-sealing

No CommentsTags: attorney, California, convictions, courts, DUI. probation, early termination, expungement, good cause, judge, misdemeanor, term, terminationRead More