View Full Version : 2011 Probation Question, Answer & Info Thread


remorseful
02-10-2011, 08:14 PM
I was just wondering if this is normal. I'm on formal probation in Los Angeles county and report to a kiosk once a month. I've had practically no contact with my probation officer. 29 months have passed and I've never been visited by a probation officer or any law enforcement officer. Only 7 more months left. Is it possible I will never be visited at home? Sure would be nice. Any opinions? Is this normal?

Thanks.

Shari
02-11-2011, 08:02 AM
I was on probation many many moons ago and never once had a visit from the probation dept. As long as you are checking in like you are suppose to and taking care of what you need to do I do not think that probation bothers you.

DanTheMan43
03-28-2011, 07:19 PM
I was given 6 months probation and its been about 4 and a half so far.

I'm meeting with my PO in 2 days to turn in my 20 hours of community service and get drug tested.

Can anyone tell me if I'm probably getting off or what the possibilities are?

Also, is there a process of getting off? Do I have to go infront of the judge again and if so, how soon?

remorseful
03-30-2011, 01:13 AM
My probation period is almost over,only 5 months left out of 3 years formal probation.

I report to a kiosk once a month for probation after having served 167 days of house arrest.

Original sentence was 2 years susupended sentence-state prison-E.S.S

1 year county jail which never happened because I qualified for house arrest.

So please tell me if I have to go before a judge in court once again when my probation is up or does probation simply end on a certain date because I have no violations and I'm a free person albeit with a felony record.

Hopefully I won't have to rehire my attorney to represent me in court.That will be expensive.

Thank you.

t2britton
03-30-2011, 10:12 AM
Unless specifically ordered by the judge you typically do not have to go back to court. If your conditions are complete, when your probation is finished you are done. Be sure to get confirmation of when that is since sometimes dates get mixed up.

t2britton
03-30-2011, 10:56 AM
The first few years I would occasionally find a note on my door that they had stopped by but nothing in 4 years.

remorseful
03-30-2011, 03:46 PM
thank you t2britton for your reply. I just spoke with my probation officer who told me he would recommend me for a two month early probation expiration and that my felony be reduced to a misdemeanor however that would require an appearance in court.

Will a judge simply make a decision based on the probation officers recommendation or am I going to be interviewed/questioned by the judge? It's a good thing but going to court makes me feel very nervous.

Any answers would be appreciated.

remorseful
03-30-2011, 04:18 PM
I just realized that I inadvertently hijacked Dantheman43's thread. I'm very sorry Dan!

t2britton
03-30-2011, 07:05 PM
I've never heard of a felony being reduced to a misdemeanor after sentencing. That requires the judge set aside his original ruling which I guess is legally possible, but for sure modifying the judgment would require you go back to court.

sunangel111
03-31-2011, 01:24 PM
It's referred to as a PC 17(b) motion. You can read more about it here (http://leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=59937925894+6+0+0&WAISaction=retrieve) or read below:

17. (a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment in the state prison.
(2) When the court, upon committing the defendant to the Youth Authority, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.
I've never heard of a felony being reduced to a misdemeanor after sentencing. That requires the judge set aside his original ruling which I guess is legally possible, but for sure modifying the judgment would require you go back to court.

remorseful
03-31-2011, 02:18 PM
Everyone,thank you for your replies to my questions. I'm still a bit confused.

Though my probation officer may recommend,in his report, that my sentence be reduced to a misdemeanor from a felony don't I have to file appropriate paperwork first for the court to even consider it?

My probation officer suggested his course of action to me without my asking for it but is it possible he doesn't realize that I must take proactive action because he told me when I asked if I needed an attorney to handle this matter that I didn't need an attorney for this.

I can't imagine showing up for a court hearing without an attorney to represent me. What do you think?

Would I just be better off letting my probation expire on the original date instead of 2 months early so I don't have to go to court and then have an attorney file a motion for expungement and then rehabilitation?

Thanks again,

Remorseful

sunangel111
03-31-2011, 03:01 PM
So my husband did this back in 1999 and we started the process by contacting the PD assigned to him years earlier. It was in San Bernardino County and I have a copy of a form called, "Termination/Modification of Sentence Supplemental Report" (looking at it right now) that's prepared and filed by the probation department and has check box options indicating the purpose of the report is for modification under P.C. 17 and P.C.1203.4 among others. My guess would be that your p/o is going to prepare and file something similar on your behalf.

In case you need additional info for, I also found this thread (http://www.prisontalk.com/forums/showthread.php?t=375867) for you. The poster has a lot of good suggestions that may not have been covered by your p/o and may help to turn the tables in your favor. I also found this court form (http://courtinfo.ca.gov/forms/fillable/cr180.pdf) in case you do end up having to file your own petition. Good luck!
Everyone,thank you for your replies to my questions. I'm still a bit confused.

Though my probation officer may recommend,in his report, that my sentence be reduced to a misdemeanor from a felony don't I have to file appropriate paperwork first for the court to even consider it?

My probation officer suggested his course of action to me without my asking for it but is it possible he doesn't realize that I must take proactive action because he told me when I asked if I needed an attorney to handle this matter that I didn't need an attorney for this.

I can't imagine showing up for a court hearing without an attorney to represent me. What do you think?

Would I just be better off letting my probation expire on the original date instead of 2 months early so I don't have to go to court and then have an attorney file a motion for expungement and then rehabilitation?

Thanks again,

Remorseful

Gryphon
03-31-2011, 09:42 PM
Reduction to a misdemeanor applies in CA where there is a probation grant on a crime that "wobbles" (that could have been filed as a misdemeanor instead of a felony.) There does need to be a formal motion filed, and that needs to be under 2 sections, PC 17b and 1203.4.
Although a PO CAN file it, they never do. It is usually filed by the former probationer or the defense lawyer. There is a Judicial Council form for each of hese motions, and you can get one online or at a law library.
17b is discretionary, so put your best foot forward. Employment, rehab, school, counseling, old ladies you help to cross the street: it all is good to document (usually via a support letter). In your case, try to get something in writing from the PO, but in any event note in the moving papers that the motion is supported by that PO (and provide a phone number).
Make sure you have all fines, fees, and restitution paid off; in particular victim restitution.
If there were no violations and there is a zero balance, chances are excellent.
Courts can charge around $200 if they grant the motions.
If both motions are granted, for most purposes you can answer that were not convicted of that crime. (The exceptions are in the statute.) You still may not possess a firearm; and any strikes are still strikes.

Everyone,thank you for your replies to my questions. I'm still a bit confused.

Though my probation officer may recommend,in his report, that my sentence be reduced to a misdemeanor from a felony don't I have to file appropriate paperwork first for the court to even consider it?

My probation officer suggested his course of action to me without my asking for it but is it possible he doesn't realize that I must take proactive action because he told me when I asked if I needed an attorney to handle this matter that I didn't need an attorney for this.

I can't imagine showing up for a court hearing without an attorney to represent me. What do you think?

Would I just be better off letting my probation expire on the original date instead of 2 months early so I don't have to go to court and then have an attorney file a motion for expungement and then rehabilitation?

Thanks again,

Remorseful

c&cg
04-05-2011, 05:28 PM
Does any one know what percetage a probation violation has to serve. My cousin violated probation and was told he would do 1 year. Does any one know if he will have to do 85% of 1yr or is it 50%.

sonnyspadoni
09-09-2011, 06:56 PM
I was just wondering if this is normal. I'm on formal probation in Los Angeles county and report to a kiosk once a month. I've had practically no contact with my probation officer. 29 months have passed and I've never been visited by a probation officer or any law enforcement officer. Only 7 more months left. Is it possible I will never be visited at home? Sure would be nice. Any opinions? Is this normal?

Thanks.
Hello can you tell me how it works when you are completing probation? Is there a court date right before the expiration of probation? I have went through the same as you did, no visits or problems and i have 2 weeks left before i complete.