Probation is a procedural benefit granted to a convicted person so they can serve part of their sentence while free, subject to compliance with certain conditions.
The terms of your parole may be modified at any time during your term, so it is essential to have the support and advice of a team of criminal law attorneys like those at Kannan Law.
The parameters of this procedural benefit vary depending on the type of crime as well as the general conditions under which it was committed. When granting parole, the Court will explain the duration and terms to be fulfilled.
In general terms, the conditions of this procedural benefit are:
- Compliance with all conditions imposed during the duration of this regime.
- Not to violate the laws again.
- Periodic registration and appearances.
- Prohibition from leaving the State.
- Prohibition from contacting specific people.
- Payment of fines for the commission of the crime or court fees.
- Payment of compensation to the victim for the damages caused.
- Participation in specific courses or workshops.
- Enrollment in rehabilitation programs.
- Completion of a specific number of hours of community service.
- Obtaining or keeping a job.
- Not possessing or using weapons.
- Not consuming substances such as alcohol or drugs.
- Any other measure that the judge deems appropriate, based on the type of crime for which the person has been convicted.
Factors Affecting Probation Modification
Several factors are considered when deciding whether to modify or terminate probation. These include the nature of the case for which a person was convicted, the individual’s performance while on probation, the reasons for seeking modification or termination of probation, and other circumstances that may have arisen after the granting of probation.
If it is argued that travel restrictions have prevented a person from performing their job duties, a judge may be willing to modify the probation term or even grant a summary term. Or, for example, if there have been changes in a person’s employment, the judge may also terminate probation altogether.
When “good cause” is shown, it is up to the judge to decide whether to modify or even terminate probation without considering any objections from the prosecutor.
Due to all these specificities, it is essential to have an experienced criminal lawyer in the State of California; we are at your disposal at Kannan Law.
It’s important to note that not all reasons for requesting a modification or cancellation of parole are considered equally. Furthermore, this is evaluated by a judge and does not require the presence of a jury.
Some modifications require very little documentation, although it is always prudent and beneficial to present documentation to support your request for suspension or modification of parole, as this, in the eyes of the judge, greatly improves the chances of success.
What does parole discharge mean?
Parole discharge entails a wide range of benefits, including those related to your employment.
The greatest benefit in this regard comes from the fact that when you are removed from the procedural benefit of parole, you become eligible to request dismissal pursuant to the provisions of Section 1203.4 of the Penal Code.
Living under parole is definitely a procedural benefit that should always be accompanied by the timely supervision of a criminal attorney. At Kannan Law, we are at your service to assist you in fully complying with this condition and to advise you in the event that a modification is applicable.
Frequently Asked Questions
Who can request a parole modification?
The request can be made by the parolee, their defense attorney, or, in some cases, the parole officer overseeing the case. It is essential that this request be based on valid and well-documented reasons for the judge to consider it.
What types of parole modifications can be requested?
Modifications may include changes in travel conditions, reduction of supervision time, elimination of certain requirements (such as rehabilitation programs), or even early termination of parole. Feasibility depends on factors such as the convicted person’s compliance and current personal or work circumstances.
How long does the parole modification process take?
The time varies depending on the complexity of the case and the court’s workload. In some simple cases, a decision can be made within a few weeks. In more complex cases, the process can take several months, especially if a formal hearing is required or if the prosecutor objects to the request.
What happens if the judge denies the parole modification request?
If the request is denied, the person must continue to comply with the original terms of parole. However, it is possible to reapply in the future if circumstances change or if new evidence becomes available to support a modification.
Is it necessary to appear before a judge to request a modification?
Not always. Some requests can be submitted in writing by the defense attorney without the need for the applicant to appear in person. However, in more complex cases, or when the judge deems it necessary, a hearing may be scheduled to discuss the reasons for the request in the presence of the judge, the prosecutor, and the defense attorney.