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Work Release not working for you?
Many people who expect to serve their sentence in a Work Release program are rejected by the program based on infirmity, nature of the charges, language barriers, or other factors. Don’t give up; it is possible to receive an alternative sentence without having to go to jail. One thing to keep in mind is that Work Release is usually not a sentence in itself; it is usually a term of probation. Therefore, the proper method to change from Work Release to some other sentence is to modify probation.
You really should have an attorney help with this process, but if you insist on trying to do it yourself, the following sample motion may help you change Work Release to Community Service:
Good Guy
1234 L Street
Bakersfield, CA 93301
Defendant, in Pro Per
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF KERN
People of the State of California, CASE NO. BF123456W
. Plaintiffs, MOTION TO MODIFY PROBATION
– v –
Good Guy, Date: August 15, 2018
. Time: 8:30 a.m.
. Defendant Dept: LM
PLEASE TAKE NOTICE that at the date and time indicated above, or as soon thereafter as the matter can be heard in the above-entitled court, Defendant will move the court for an order modifying probation in the above-entitled case.
This motion will be made on the ground that such a modification is necessary to allow Defendant to complete his sentence as contemplated in the plea agreement in that the work release program has not allowed him to participate as ordered and he is unable to complete his sentence in custody.
This motion will be based on the attached memorandum of points and authorities served and filed herewith, on the attached letters of recommendation, and on such supplemental declarations, affidavits, memoranda of points and authorities as may hereafter be filed with the court, on all the papers and records on file in this action, and on such oral and documentary evidence as may be presented at the hearing of the motion.
Date____________ _____________________
. Good Guy
DECLARATION IN SUPPORT OF MOTION
I, Good Guy, declare that I am informed and believe:
. I was sentenced to ninety days work release; however, because of the nature of the charges, the work release program will not allow me to serve my time in the program.
. I am the primary caregiver for Great Guy, who is disabled, nine years old, and is unable to care for himself.
. I, therefore, request that I be allowed to serve the remainder of my sentence as community service.
POINTS AND AUTHORITIES
Penal Code §1203.3 provides in pertinent part: “(a) The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.”