LauraDsMommy
02-09-2006, 12:07 AM
My fiance is back in county after serving 30 days for his 90 day evaluation in Chino, and we are hoping that he'll be given probation on his court date on the 21st. My question is, if he does get out on probation, what are the restrictions? I've already made hotel reservations in San Diego for the week after just in case, but I'm thinking we won't be able to go due to restrictions on where he can go, especially so close to the border. And I know it probably varies from case to case, but any information someone might help me determine how soon I should cancel our reservations. :o
Thanks
denverswife
02-09-2006, 10:57 AM
Restrictions can be numerous. Usually they don't have a "don't leave the area" restriction on probation, though. They can require him to test 3X a week (or more)
Look for work, go to drug classes, report in as often as every day, if they want, but probably 2 or 3 X a week at first.
Either way, I don't know why you were going to San Diego, but it seems to me that this isn't the best time for a pleasure trip. If it were me, I'd make him stick around and tow the line and work his program, not reward him for getting 30 days... Just my opinion, and I tend to be pretty harsh with my man.
Gryphon
02-09-2006, 01:27 PM
My fiance is back in county after serving 30 days for his 90 day evaluation in Chino, and we are hoping that he'll be given probation on his court date on the 21st. My question is, if he does get out on probation, what are the restrictions? I've already made hotel reservations in San Diego for the week after just in case, but I'm thinking we won't be able to go due to restrictions on where he can go, especially so close to the border. And I know it probably varies from case to case, but any information someone might help me determine how soon I should cancel our reservations. :o
Thanks
A 90 day observation is something that's infrequently done. It's supposed to be where the Judge CDC to supplement the local probation department's sentencing report. CDC has a counselor write a report, as approved by a supervisor, saying whether the inmate ought to be housed at CDC. The way the report writer's answer the question is to report on whether CDC is capable of taking the inmate into the system. Well, that answer is pretty much a given, since CDC can absorb pretty much anyone who's able to draw breath and keep their eyes open. As a result, the Judges seldom use this process; and defense lawyers aren't eager to seek those reports unless there's absolutley nothing to lose.
A few judges will use this process as a "scared straight" part of the sentence. The court can give inmates a taste of CDC without keeping them there for the entire sentence.
The good news is that it wasn't a clear cut state prison case, or the Judge wouldn't have ordered the field trip to CDC. Whatever factors pointed towards a possible probation grant and local time when the court ordered the 90 day observation, no doubt still exist and can perhaps be elaborated on.