YOUR NAME

Street Address

City, State, ZIP

Phone Number (with area code)

Defendant in Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO

PEOPLE OF THE STATE
OF CALIFORNIA,
Plaintiff,
vs.
INSERT YOUR NAME (ALL CAPS),
Defendant. / )
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DECLARATION OF DEFENDANT [INSERT YOUR NAME]
IN SUPPORT OF MOTION
TO MODIFY PROBATION
Date:(leave blank clerk will give you a date)
Time:
Dept:
)

I [INSERT YOUR NAME], declare as follows:

1. I am the defendant in the above-entitled matter.

2. On [INSERT DATE], I was placed on probation by the Honorable [INSERT JUDGE’S NAME]. A copy of the court’s order is attached hereto as Defendant’s Exhibit “A” and incorporated herein by reference. [Make a copy of the court’s order (your terms of probation), write “Exhibit A” on the bottom, and staple it to the end of this declaration]

3. As one of the conditions of my probation, the court ordered me to [describe the probation condition you want modified]. This is the condition I am seeking to have modified. It is condition number [INSERT NUMBER] of my terms and conditions of probation.

4. The court also required me to [describe anyprobation conditions that you have successfully completed].

5. I successfully completed the probation conditionsdescribed in paragraph 4 by[Describe how you successfully completed the probation conditions in paragraph 4. For example, if you fully served your jail time, or completed all of the classes you were required to attend, etc. Attach as “Exhibit B”any certificates you received for completing your probation terms.].

6. I have also made progress on other probation conditions. I have paid $___ in fines to the court. I have completed ___ hours of community service. [You may also wish to describe progress you are making on other probation conditions, such asthe amount of money you have paid toward your fines, the number of hours of community service you completed, any supervised work programs, etc.]

[In the following paragraphs, accurately describe the factual change of circumstances which makes it an undue hardship to continue the probation condition(s)you want modified. Try to keep each paragraph reasonably short, and be sure each statement is truthful. Delete any paragraph that is inapplicable and renumber the remaining paragraphs.]

7. [You might use this paragraph to discuss any financial hardships caused by the probation condition.]Probation condition number [INSERT NUMBER] is causing me financial hardship because

8. [You might use this paragraph to discuss any extraordinary family hardships caused by the probation condition. For example, if one of your probation conditions does not permit you to leave the country, but your mother lives in Tijuana and was recently diagnosed with a terminal illnessand you want to go visit her.] Probation condition number [INSERT NUMBER] is causing hardship in my family life because

9. [You may wish to add a paragraph stating your experiences and/or what you have learned during your probation. Also, you may want to state how you have changed because of this experience and that you will not repeat the behavior that caused the probation.]

10. For the preceding reasons, I request an order modifying the terms and conditions of my probation to [explain how you want the probation term changed].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [Insert date], at [Insert city you were in when you signed this declaration].

Your signature
[TYPE YOUR NAME HERE]
Defendant in Pro Per

______

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DEFENDANT’S DECLARATION IN SUPPORT OF MOTION TO MODIFY PROBATION