| A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation.
A trial judge who has awarded probation to a defendant and who has set the terms and conditions of the defendant's probation has discretion to alter or to modify the terms and conditions of the defendant's probation. The trial judge must exercise his or her power to alter or to modify the terms and conditions of the defendant's probation while the defendant is on probation. The trial judge cannot alter or modify the terms and conditions after the defendant's probation has expired, unless the defendant's probation has been extended.
A defendant is not entitled to a hearing regarding a trial judge's modification of the terms and conditions of his or her probation. The trial judge may eliminate some of the terms and conditions without a hearing. However, if the defendant seeks a modification of the terms and conditions, the defendant should file an appropriate motion. Also, if the modification has an adverse effect on the defendant, the defendant must file an objection to the modification in order to preserve the issue for purposes of an appeal.
A trial judge who has awarded probation to a defendant has discretion to reduce or to terminate the period of the defendant's probation after the defendant has completed a certain statutory amount of his or her probation. A state is generally not entitled to appeal the trial judge's decision to terminate the defendant's probation. After the defendant has completed the statutory amount of his or her probation, the trial judge will amend the defendant's sentence to conform to the amount of time that was actually served on probation and will discharge the defendant. However, the defendant must usually satisfy all the terms and conditions of his or her probation, such as the payment of all fines, court costs, and restitution, in order for his or her probation to be terminated.
If a defendant's probation is reduced or terminated, the defendant is released from all penalties and disabilities that result from his or her conviction. For example, if the defendant was prohibited from voting or from being a juror as a result of his or her conviction, the defendant is entitled to vote or to be a juror after his or her probation is terminated. However, the fact that the defendant was convicted may be used against the defendant in any subsequent prosecutions or in any applications for certain licenses that are granted by a state, such as a child care license. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |