BY | March 5, 2024

Probation is a legal tool that lets you stay out of jail after being convicted of a crime as long as you follow certain rules. Unfortunately, many people lose their probation because they break the terms. 

If that’s happened to you, you must write a compelling letter to the judge presiding over your case. Getting it right increases the likelihood of them reinstating the probation, allowing you to return to the community. 

This post provides guidance that will enable you to write a compelling letter to the judge. We go over the need to explain the situation, make a plea, present your case, and emphasize your rehabilitation efforts, including positive progress. If necessary, you should also apologize to the court.

Explaining the Situation: Seeking Probation Reinstatement

When seeking probation reinstatement, prioritize explaining the situation. Talk about why you were unable to abide by the probation terms. 

Acknowledge the violation if applicable. Tell the judge what you got wrong and why it happened. Avoid downplaying the value of the probation terms. 

Show the judge that you take responsibility for the probation violation. Show them that you understand the seriousness of your oversight and are already working to ensure it doesn’t happen again. 

Finally, talk about your enduring commitment to your probation terms. Remind the judge of your previous compliance and the strategies you are using to ensure you continue to adhere to the rules. 

Presenting a Strong Case: Reasons for Probation Reinstatement

California judges will accept various arguments for probation reinstatement. Most officials are fair and will act in your interest if the law permits them. 

Scenario 1: No Violation Occurred

One approach is to show you did not violate the terms of your probation. For example, paperwork might indicate that you did not attend a drug test when you did. 

If you can show you did not violate your probation’s terms, the judge will throw out the case against you, and you will return to your regular supervised release. As such, no reinstatement is necessary. 

Furthermore, the judge will not warn you to commit another offense (because you didn’t commit one in the first place). Consequently, there won’t be any mention of a violation on your record. 

Scenario 2: A Violation Occurred

On the other hand, if a violation did occur, you will have to adopt a different strategy. California affords judges substantial discretion in how they respond to proven violations. Therefore, presenting a robust case is essential. 

Reflecting on Past Mistakes: A Plea to the Judge

First, if you have made a mistake, reflect on this in your plea to the judge. Ideally, you should show genuine remorse for your past actions. Judges want to see regret.

You should also state and acknowledge the harm any probation violations caused. Admitting these demonstrates the strength of your character to the judge. 

When writing, be sincere. Let your authentic emotions shine through. Avoid copying and pasting template letters available online. Ensure that anything you say comes from the heart. 

Finally, talk about how you are growing and developing as a person. Make it clear that positive changes are occurring in your life despite any probation violations. 

Emphasizing Rehabilitation Efforts: A Second Chance for Change

Next, emphasize rehabilitation efforts and ask the judge to give you a second chance for change. Appeal to their humanity through genuine remorse for your actions. 

For instance, you could discuss any clinics you are attending or changes in your habits that are putting you on a better path. You could also point to the progress you are making and how probation is helping you get your life on track again. 

Good evidence of rehabilitation includes: 

• Records of therapy attendance
• Rehab completion program certificates
• Phone logs with your therapist
• Evidence that you are progressing financially or contributing to the community

Demonstrating Accountability: Taking Responsibility for Actions

Demonstrating accountability is also essential during the reinstatement process. Taking responsibility for your actions can help judges look at your case in a more favorable light. 

Here’s an example of what you might say: 

“Your Honor, I recently violated my probation by failing to attend a drug test. I know there are no excuses for my actions, and I take responsibility for what happened. I deeply regret my mistake, and I am constantly striving in my rehabilitation efforts to improve my life, for which I provide attached evidence. I am committed to my probation terms and am asking for a second chance to complete my probation.”

This type of request is usually more effective than trying to make excuses. If judges see you taking the probation process more seriously, reinstatement becomes significantly more likely. 

Highlighting Positive Progress: Showing Growth and Improvement

During probation reinstatement, you also want to show your progress and how sending you back to jail would undo the good work done thus far. 

In the letter, provide specific examples. For example, you might say: 

“I recently found gainful employment in a promising career that has turned my finances around and enabled me to contribute to my community and family. 

Alternatively, you could try: 

“The recent setback was temporary, but my progress is still upward in terms of relationships, employment, and behavior. I am already taking action to ensure that probation term violations don’t occur in the future.”

Requesting Leniency

Finally, you might also want to request leniency. As mentioned earlier, judges have considerable scope in deciding probation reinstatement. 

You are more likely to see leniency from the judge if the violation was your first and you are on course to complete your probation terms on time. It is also more likely if the violation was minor or technical or the underlying crime was lower-level. 

So, that’s a summary of what you should do to get probation reinstatement. For more information on this topic, call our team.