Changing Probation Terms
On occasion individuals on probation may want to modify or change a term of their probation. This happens when there has been a change of circumstance with the client or an unexpected situation arises that can create "good cause" for a Judge to modify a previous order.
The law allows you to petition the court through your lawyer to change the terms and conditions of your probation. Some examples are:
- Request a misdemeanor designation of the offense.
- Terminate probation early.
- Request travel out of the state or country.
- Request extra time to do community service work.
- Modify jail time to a reduced term or home electronic confinement.
- Reduce financial obligations involving restitution, fines or court fees.
- Eliminate requirements of unnecessary drug testing or counseling.
- Release from jail to attend to a family emergency.
- Change supervised probation to a less obtrusive form of probation.
The list goes on and on. Whatever reasonable needs our clients have, we can petition the court to change the terms and conditions of their probation.
We file a motion with the judge. We will serve a copy of the motion on the Prosecuting Attorney and Probation Department in the court where you have your case.
We will solicit the probation department and prosecution in an effort to get them to join in our request, if possible. If not, we will seek a hearing by the court as quickly as possible. At the hearing we will argue your case and at the end have an order for the court to sign granting our motion.
Upon the court’s ruling, the terms of probation are changed to conditions the court deems appropriate for the circumstances of the particular case.
Contact a Lawyer Today for a Free Consultation
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.
