Modification of Probation and Early Termination of Probation
A criminal defendant has a right to request modification of probation at any time during the probationary period, including the right to request that probation be terminated early.
An argument to modify probation must be supported by reasons that constitute “good cause.” A complete list of what constitutes “good cause” is impossible to compile, but common reasons to modify probation may include the desire to travel and reside out of the country or to travel outside of the State of California, convert a portion of public work service to volunteer work, transfer from one rehabilitation program to another, or terminate probation in order to obtain employment.
Early termination of probation has many obvious advantages, such as deleting any additional probation costs and allowing for reduction of some felonies to misdemeanors and possible expungement of the conviction. The San Diego courts are generally very accommodating to San Diego criminal defendants who carefully abide by their probation terms and who have a special need to terminate probation early.
Changing a Jail Sentence
Changing a jail sentence is more complicated. Our investigation into what constitutes a good reason to change a jail sentence usually begins with an analysis of what material information we have now that may change the judge’s sentencing decision. For example, did the probation attorney fail to present to the Court reasonable alternatives to incarceration, such as work-furlough or electronic surveillance? Is there a change in circumstances such as the onset of a disabling medical condition suffered by the defendant or a close family member?
There are many reasons to want to change your probation or jail sentence. You may contact this office if you have any questions about how to obtain a modification of your sentence.
Changing a Prison Sentence
A person sentenced to state prison has a right to request reconsideration of the sentence within 120-days of judgment. Changing a prison sentence is complicated by the fact that many defendants agree – stipulate – to a particular prison term. The court cannot modify a stipulated sentence without the agreement of the District Attorney’s Office. For this reason, and many other reasons, judges rarely change a prison sentence absent compelling circumstances. Please contact our San Diego probation attorney at Law Office of Domenic J. Lombardo if you have any questions.