I was charged with a felony 487(c) & sentenced to 180 days and 3 years of felony probation on 6/14/14.
On 10/31/14 I was arrested for resisting arrest & battery both misdemeanors. I was booked for felony probation violation with no bail. My PD filed a petition on my behalf before addressing the new charges pursuant to Prop 47. Judge granted petition. According to the Court paper work given to me after my hearing it states "re sentencing pursuant to Prop 47. Amended to misd petition filed, granted, & signed". Probation denied & I was ordered released. I was put on court probation for the misd charges that brought me back in & on 2 yrs court probation.
Last week I received a letter from my PO that I must report to her. She asked "what do you think a felony just goes away?" Help!
Send your probation officer the court paperwork you mentioned that reduced the felony to a misdemeanor and that probation was denied. Contact your attorney tomorrow.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
From what you've written, the court reduced your felony to a misdemeanor, and you received two years of informal probation on the new offense, but it's unclear whether the judge also converted the probation on the 487(c) to informal probation.
Some courts are retaining people on formal probation, even after their felonies are reduced to misdemeanors under Proposition 47.
I know the Alameda County Public Defender's office has been very aggressive with the implementation of Prop 47. Call your lawyer on Monday to see what's up. They may use your case to help clarify this issue.
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Let your probation officer know what happened. In addition, your Public Defender should be able to help yo with this. Be proactive with your probation officer, why wait for someone else to give them the information?
You are caught in a time when the law has changed and the courts are trying to figure everything out. If the original case for which you were convicted is reduced to a misdemeanor that is great. The new misdemeanor cases that you were arrested for on October 31, 2014 are still violations of your misdemeanor probation on the grand theft charge. You need to either ask for a public defender to help you or speak with and hire an experienced private attorney regarding the new violation of probation.
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