Probation & Sentencing Motions (Modify, Terminate, Reduce): Intro and Overview

This guide provides general examples of motions dealing with probation and contains samples of what your motions should look like when it is complete. The motion is only a sample; you will need to edit it. Delete the generic information written in bold and replace it with information specific to your unique circumstances.

Disclaimer: This guide is not intended as a substitute for doing your own research. We cannot guarantee that these models will meet your needs because laws and procedures frequently change, and because some skill is needed to adapt the forms to fit your case. To obtain legal advice, or for help in adapting the forms to your situation, consult an attorney. 

For information on dismissals, expungements, Certificate of Rehabilitation, and Pardon, see our guide "Clean Up Your Criminal Record." 

This Guide covers three (3) different motions dealing with probation. It includes instructions, sample motions*, and references to legal resources for preparing and filing. 

• Motion to Modify Probation
• Motion to Terminate Probation
• Motion to Reduce Felony to Misdemeanor

This Guide also includes resource information on Proposition 64 (Marijuana Offenses).  

*Some courts have fillable forms. Be sure to check your court's website for forms.  

Disclaimer: This guide is not intended as a substitute for doing your own research. We cannot guarantee that these models will meet your needs because laws and procedures frequently change, and because some skill is needed to adapt the forms to fit your case. To obtain legal advice, or for help in adapting the forms to your situation, consult an attorney.

Motions are a form of legal pleading (or brief, or court papers) in which you ask the Court to do something. You are moving the Court to take action for you.

Motions generally are comprised of several different parts. Each part is necessary, and serves a specific purpose.

• The Notice of Motion informs the Court of what it is you are asking them to do, and informs any party to the action where and when the Motion is going to be heard.
• The Memorandum of Points and Authorities informs the Court of the law upon which you are basing your Motion. In other words, the basis for your right to ask the Court to do something.
• The Declaration is the portion in which you set forth your statement of facts. You will sign this section under penalty of perjury.
• The Order is for the judge to sign. You will write out what you wish the Court to do or order, and if the Judge agrees with you and rules in your favor, the judge will sign the Order and it will serve as the Court's direction in the matter.

  • In general, unless the Court orders otherwise, the person who prevails on the motion will serve a proposed order on the other party within 5 days of the ruling (see California Rules of Court 3.1312). If there is no objection by the other party within 5 days, the proposed order is then sent to the Court for signature. 

  • However, Courts vary on whether formal orders are required or whether the Court simply issues a minute order. Please check your judge’s chamber rules here to determine whether or not they require a proposed order when you file your motion after the hearing, or if the minute order will suffice as the official order.

After you draft all these different parts, you will assemble them in one packet. This packet is the Motion.

You will also need to serve the parties and this will require a Proof of Service form.

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