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How do I know if my probation really ended?

Santa Cruz, CA |

I was convicted of wet reckless driving and driving with a suspended license, and given an 1 year summary probation on 10/27/2008. I checked my police record on 11/17 2009 and it said I had no summary probation.

Because of my job I was unable to finish my alcohol program.

I went to judge on 12/27/09 and he said I actually had two years probation, but if I am willing to serve 10 days jail term and pay the rest of 570 dollars fine, he could end the probation, so I served the jail term and paid the fine, however the clerk said I only owed court 500 dollars, so I paid 500.

And yesterday I called the court clerk if I am still on probation, she said that I was actually charged 3 years of probations.

How can I know if my probation is really ended and how much exactly do I owe?

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Attorney answers 4

Best Answer

Hi: The easiest ways are: a) contact your original attorney who handled the wet reckless plea; b) check your final court papers dated 10/27/08 or c) if you do not have those papers, visit the court and have the clerk check the file. Then get copies of all subsequent papers and contact an attorney to request the court to terminate probation.


The paperwork that you received at the time you pled will show how the length of your probation. However, sometimes there are discrepancy between the clerk's minute order and what the judge actually ordered. So the best way to determine what the judge actually ordered at the time of sentencing and what the judge agreed to do when you served your 10 days is to request a copy of the transcript of those two proceedings. If you were placed on probation for 1 year and no warrant issued before the year was over, then the court would have NO jurisdiction to have you serve 10 days. If the judge was correct that you were still on probation, but ordered it terminated after you paid the fine and served your 10 days, then your probation has ended.


It sounds like a clerk's error. The usual term of probation is 3 years and she probably just entered that without thinking. Have your case added back onto calendar before the same jedge and explain the problem to him. The court clerk can explain to you how to do an add on.


FIrst, contact the lawyer who helped you on the original case whether it was a private attorney or the public defender. They will probably be able to resolve this for you quickly. Alternatively, you can go to the clerk of the court's office, add your case to calendar and go see the judge. Explain to the judge the confusion and ask them to clarify and to make sure it goes into the docket or court minutes. That would be the computer notes that the clerk sees. Whatever you do, don't ignore the situation and hope the court figures it out for you. Good Luck.

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