What is the Process of Changing Probation Terms?
Many people on probation seek to change the terms of their sentence for a number of reasons. Usually they have a change in circumstance or an unexpected situation that arises that requires them to need to change the terms of their probation. You can get a judge to change the terms for a good cause, here’s how.
Petitioning the court to change the terms of probation
Your lawyer can petition the court to petition the terms and conditions of your probation. The following are reason your lawyer may petition the court to change your probation:
- To request a misdemeanor designation of the offense
- To request to terminate probation early
- To request travel out of the state or country
- To request extra time to do community service work
- To modify jail time to a reduced term or home electronic confinement
- To reduce financial obligations involving restitution, fines or court fees
- To eliminate requirements of unnecessary drug testing or counseling
- To release from jail to attend to a family emergency
- To change supervised probation to a less obtrusive form of probation
As long as the defendant has reasonable needs to have any of these terms changed, your lawyer can file a motion with the judge. They also give a copy of the motion to the prosecuting attorney and the probation department where your case is filed. Your lawyers will then seek a hearing by the court and attempt to make this happen as soon as possible.
If the court approves the motion, then the terms of the probation will be changed as the court sees fit for the situation.
For a consultation with Burns, Nickerson & Taylor, call (602) 264-5555 or send us an e-mail. For after hour emergencies, call (602) 320-1828.