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

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.

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

Posted

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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Asker

Posted

Thank you Ross!

Posted

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.

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Posted

Hi there. There is quite a bit more to the story than what I posted. Everything from a negligent attorney who violated the bar's code of ethics to charges with zero and I mean zero evidence other than a now young adult saying that something happened 15 years ago. Said young adult denied anything happening for 11 years and only when she was arrested for assault against her mother and after four rounds of questioning did she say that she was abused by her father. During the entire lifespan of this child cps was called many times and found no abuse in the household. So yes lots going on. Thank you again for your expert opinion.

Posted

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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Posted

Hi. Thank you for your advice. It's not a matter of liking or not liking the PO. It is my professional opinion that she's violated his civil rights with some of her demands and that is frankly inexcusable and an abuse of authority. So the choices seem to be, request a new po, request a change in probation or find a civil rights atty. We are weighing the options.

Peter John Marek

Peter John Marek

Posted

Consider the motion Mr. Hill cites. Good luck.

Asker

Posted

Thank you very much Peter.

Peter John Marek

Peter John Marek

Posted

Your very welcome. Good luck. I hope I helped?

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