How do I change a condition of my informal probation?

Under state law, you can ask the judge to modify (change) your probation terms AT ANY TIME.[744] This does not mean the judge will do so, but you can always ask!

To ask the judge to change a condition of your probation, you have to file a motion with the court that is monitoring your probation, asking that your probation conditions be modified. You must show why there is a good reason (“good cause”) for the judge to modify your conditions. Remember to bring all documentation of your progress with you to court (such as reports and attendance sheets from any courses you were required to take as part of your misdemeanor probation).

There is no standardized statewide form for requesting a modification of probation conditions, but some counties may have local forms for this purpose. You can contact the county Superior Court clerk’s office to find out if there is a local form for requesting a change. If not, you and your attorney will have to draft a motion. If you had a public defender assigned to your case, you can ask him or her to file a motion to modify your probation terms for you. If you had a private attorney but can no longer afford one, you may call the public defender’s office and ask if they will represent you in your attempt to change your probation conditions.

Before the judge can modify your conditions, the court must notify the prosecutor (the district attorney) in your case, and hold a hearing in which the prosecutor will have a chance to speak.[745] If the judge decides to change your conditions, he or she must state the reasons for doing so.[746]

For more information on the process for filing a motion to modify the conditions of your probation, see Appendix Y, PG. 311.

IF YOU ARE ASKING FOR THE CHANGE BECAUSE OF A DISABILITY:

If you are asking to change a condition because of a disability, you should explain why your disability makes it difficult for you to comply with your current probation conditions, and what changes (in conditions) or assistance (from the probation department or other services) you need to successfully complete your probation. For example, if you were ordered to perform public works service (like highway cleanup), but your disability prevents you from doing so, you may ask the judge at the local county superior court for a modification that allows you to do community service (like volunteering at the local public library) instead.

When you go to court, remember to BRING DOCUMENTATION OF YOUR DISABILITY and explain the reasons why your disability makes it difficult for you to follow the current conditions and rules of your probation.

  1. 744

    Cal. Penal Code § 1203.3(a).

  2. 745

    Cal. Penal Code § 1203.3(b)(1).

  3. 746

    Cal. Penal Code § 1203.3(b)(2).