Disclaimer: Because laws and procedures frequently change, and because some skill may be needed to adapt the samples to fit your situation, we do not guarantee our packets will meet your needs and highly recommend you go to the books listed below and do your own research or consult an attorney.
The “Motion to Terminate Probation” section of this guide was based upon the instructions and sample forms included in:
Edward A. Rucker and Mark E. Overland, California Criminal Practice, Motions, Jury Instructions and Sentencing, “Probation”. Eagan, MN: Thomson/West. Located at KFC1155.A65 R8
California Criminal Defense Practice; Sentencing and Probation; Post-Trial Remedies, Vol. 5, “Subsequent Proceedings,” §90.06. New York, NY: Matthew Bender/Lexis Nexis. Located at KFC1155. A6 C3.
The court has the authority at any time during the term of probation, when the ends of justice will be served thereby, to terminate probation and discharge the defendant, when the good conduct and reform of the defendant warrant it (Penal Code §1203.3).
Use this motion if you are requesting the termination of your probation. Read the information under the "Motion Procedure and Instructions" tab. Prepare the following documents:
*Please see the Intro and Overview tab for additional information regarding the proposed order.
Use the checklist below to help keep track of steps to complete and procedures to follow:
►If your County provides a fillable form you can use it or use the provided samples to draft the following documents: (1) Notice of Motion; (2) Declaration in Support of Motion; (3) Points and Authorities in Support of Motion; (4) Order.
►Sign the original motion. Make two copies of the motion, so you have an original and two copies.
►File your motion with the court. Have the court clerk file stamp all three copies of your motion.
►Fill out a Proof of Service form. Have a friend deliver or mail a copy of the motion and Proof of Service form to the prosecutor’s office. Have your friend sign the Proof of Service form.
►Make a copy of the signed Proof of Service form. File one of the signed Proof of Service forms with the court and keep one for your records.
►Attend the hearing on your motion. Bring your motion and file stamped Proof of Service to the hearing.
The San Diego Superior Court has an optional use form to petition the court for termination of probation and order. The form can be found here.
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