How do we petition to change probation from Formal to Informal?

Asked 11 months ago - Madera, CA

My boyfriend was placed on Formal Probation in the State of California for PC237a(b). This is a misdemeanor. His PO is the one whom felony probationers are assigned and we feel that she is treating him as if he was found guilty of a felony not a misdemeanor with her actions and assignments.

Additional information

Thank you- greatly appreciated. There's really not much more to the story other than he was arrested for a felony- we ran out of money before we could go to trial so he took a plea. That's the sad fact of the matter. As for his attorney- we are getting ready to file a complaint with the Bar Association because he attorney seldom returned calls. If he did return calls they were ten days later and after we had sent multiple emails asking for a meeting. We sent his atty an email five weeks ago asking to discuss probation because something didn't seem right and have never heard from him or his staff. I personally think that the conduct alone on the atty's behalf is fishy and needs to be addressed and lead to the plea and not a dismissal.

I could rant all day about that but won't. Thank you again for your opinions and advice. Well heeded.

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Penal Code 1203.3(a) and People v. Allen are the authority you want to cite in a motion, which is up to the discretion of the judge. There seems like there is more to the story than your short synopsis allows. Before filing such a motion, it would be smart to have your boyfriend sit down with an attorney to find out exactly what his options are.

  2. Ross Carlton Meltzer

    Contributor Level 14

    2

    Lawyers agree

    Answered . He should discuss these issues with the attorney who represented him in court. Generally, the court will not re-assign a PO for him as Probation runs their own agency and judges do not micromanage the Probation Department. However, his attorney may be able to determine the best course of action to either get another PO assigned or explain to your BF what needs to be done.

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  3. Peter John Marek

    Contributor Level 19

    2

    Lawyers agree

    Answered . I believe you mean 273. Formal probation is normal for this charge. You BF or his attorney can place the case back on calender before the sentencing judge and ask that the terms of probation be modified to informal probation. I doubt that the court assuming the DA had no objections would grant this request. It is always worth a try. Not liking a probation officer is not recognized as a good reason to terminate formal probation as almost all probationers don't like formal probation or their respective probation officers. Good luck. Hope this helps?

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