In Ventura County, can you go from formal probation to summary probation for a pc 27545 which is unlawful transfer of a firearm?

Asked about 1 year ago - Oxnard, CA

I have been on probation for a couple of months and they come about once a month or twice a month. Its really annoying since I was not involved in what they were charging me with along with a group of other peoples. But hey, Ventura County Sheriffs do everyone dirty here. What else is new. I plea bargained out of the original offense which had a 186.22 b 1 gang enhancement, which was dropped. I am actually innocent of the original charge but the lawyer didn't want to take it to the box. Anyway can someone answer the question. I highly appreciate it.

Attorney answers (3)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . The decision to take a criminal charge "to the box" rests entirely with the client. You voluntarily entered a guilty or no contest plea and thereby accepted all the associated terms and conditions of your plea and sentence. If you were not innocent you should not have plead guilty or no contest. Now your options are limited. You can always attempt to modify the terms and conditions of your probation but after a couple of months your likelihood of success remains low. You stand virtually no chance if you attempt to modify probation without an attorney, all that will result from this course of action will be to annoy your probation officer who you already seem to have a conflictual relationship with. If you can afford an attorney, hire one to attempt to change terms and conditions of probation. If you can't afford an attorney, attempt to work and get along with probation. Perhaps after some time, you can attempt a modification if probation views you in a positive light. Good luck.

  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Even if possible, it's not likely to happen anytime soon because you're so new to probation. If you were to be put on summary, it won't likely happen before the midterm of your probation and even then, because you originally had a gang allegation, they'll want you on formal because they want those search and seizure conditions and the closer supervisions that comes with formal probation.

  3. Kelvin P. Green

    Contributor Level 18

    3

    Lawyers agree

    Answered . I agree with my colleagues and tell you that you were involved in exactly what they charged you with because you admitted in open court the actual circumstances and fully admitted the acts of the case. Your decision to plea. I wonder what would have happened with the case if You had not not taken the plea. Oh instead of the PO bothering you once or twice a month you you'd ave even in a jail cell ...when you admitted and plead you knew want the consequences would be...

    Work with you probation officer and instead of being self righteous and annoyed make the probation experience easy..if you work with them and make the process easy, it will be pleasant... Right now being annoyed with the PO will surely lead to a probation violation...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more

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