Parole, Probation Being held on probation after completing the terms set forth by the Court.

[Casper Young]

Jurisdiction

California

I was given terms to complete by the court and placed on probation to complete them. Upon completion of the terms I was told I would have my case dismissed (by the Judge). I have completed the terms. However, the probation officer in charge of my case is still holding me on probation for no apparent reason. I have asked to probation officer about a modification for early termination of probation because I have completed the terms and the officer refuses, also for no reason. I don't understand how they can keep me on probation after I have completed the terms set forth by the Court. What can I do?
Note. I was sentenced in another County and probation was transferred to where I live, so I don't have access to the public defender from the County of original charge.

 

[army judge]

Read your sentencing and probation documents.
Contact your lawyer.
You might be best served to write a letter with your question.
You are confused about several things.
You're on probation because you plead or were found guilty.
You're on probation because of a court order and a sentence.
The probation officer is only obeying the order.

 

[mightymoose]

Usually probation is set for a specific period of time. How long did the court indicate your probation term is? Have you completed that term?

 

[Casper Young]

Read your sentencing and probation documents.
Contact your lawyer.
You might be best served to write a letter with your question.
You are confused about several things.
You're on probation because you plead or were found guilty.
You're on probation because of a court order and a sentence.
The probation officer is only obeying the order.

Maybe I need to provide an explanation which may show I'm not confused. I was sentenced to Prop 36 and given 3 years of supervisory probation to complete the terms (of: community service, pay the fines and fees and go to rehab). Deferred Entry of Judgment cases can be dismissed upon successful completion of the terms. In the beginning of my probation I had to refer myself to treatment because the officer refused to do so. I have gone to treatment and completed aftercare.I paid my fines and did the community service a year ago. So the fact is that I have completed all of the terms set forth by the Judge (who specifically told me that as soon as I complete them I could ask for a dismissal). I have been asking the probation officer to submit a modification for early termination and so far I'm just getting stone-walled.

 

[army judge]

Maybe I need to provide an explanation which may show I'm not confused. I was sentenced to Prop 36 and given 3 years of supervisory probation to complete the terms (of: community service, pay the fines and fees and go to rehab). Deferred Entry of Judgment cases can be dismissed upon successful completion of the terms. In the beginning of my probation I had to refer myself to treatment because the officer refused to do so. I have gone to treatment and completed aftercare.I paid my fines and did the community service a year ago. So the fact is that I have completed all of the terms set forth by the Judge (who specifically told me that as soon as I complete them I could ask for a dismissal). I have been asking the probation officer to submit a modification for early termination and so far I'm just getting stone-walled.

You seem to know everything, so I won't elaborate.

Good luck.

 

[Highwayman]

...who specifically told me that as soon as I complete them I could ask for a dismissal.

You can ask but that doesn't mean it will be granted.

.
I have been asking the probation officer to submit a modification for early termination and so far I'm just getting stone-walled.

Oh well. Your probation is for three years. Early termination is not a guarantee.

Apparently you're getting nowhere on your own so speak with your attorney.

 

[leslie82]

I was given terms to complete by the court and placed on probation to complete them. Upon completion of the terms I was told I would have my case dismissed (by the Judge). I have completed the terms. However, the probation officer in charge of my case is still holding me on probation for no apparent reason. I have asked to probation officer about a modification for early termination of probation because I have completed the terms and the officer refuses, also for no reason. I don't understand how they can keep me on probation after I have completed the terms set forth by the Court. What can I do?
Note. I was sentenced in another County and probation was transferred to where I live, so I don't have access to the public defender from the County of original charge.

You need to read through your paperwork on your probation. My ex husband's 2 years he was on probation ended in Feb this year and he didn't get released off probation until March. And he was on an interstate compact.


The PO had to have told you why he or she has not decided to allow early release. You can always talk to a lawyer too.

 

[Casper Young]

You need to read through your paperwork on your probation. My ex husband's 2 years he was on probation ended in Feb this year and he didn't get released off probation until March. And he was on an interstate compact.


The PO had to have told you why he or she has not decided to allow early release. You can always talk to a lawyer too.

I try to keep very informed about any legal issues concerning myself. It's better to be informed than uninformed. I'm going to collect the Court transcripts that specified I can have the case dismissed upon completion of the terms. I have read the paperwork. I think my probation officer needs to do the same. Yes, I am contacting a lawyer. The probation officer is not upholding the agreement of my plea bargain. And holding me on probation without cause.

 

[mightymoose]

You would not be "held without cause" until that 3 year term has expired.
You are not entitled to an early release, but you may request it.
It seems you will need legal counsel if you are going to get anywhere with this complaint.

 

[Casper Young]

You would not be "held without cause" until that 3 year term has expired.
You are not entitled to an early release, but you may request it.
It seems you will need legal counsel if you are going to get anywhere with this complaint.

Thank you mightymoose. It seems you are giving better answers and asking better questions. According to the Court transcripts, it specifically states that "upon completion of the terms" of the plea agreement, where I was to "pay the fines and fees, do the community service and complete drug education ( which is, go to rehab and complete aftercare)." I could petition the Court to have the charges dismissed. So, I have completed all the terms set forth. My question leads to, should I have the probation officer uphold the terms and submit a modification for early release from probation, since I have completed what I was required to do. I don't see why the probation dept can hold me on probation after successfully completing the terms. I haven't gotten into any trouble with the law, have not given a single dirty test, et, et.

 

[Casper Young]

Thank you mightymoose. It seems you are giving better answers and asking better questions. According to the Court transcripts, it specifically states that "upon completion of the terms" of the plea agreement, where I was to "pay the fines and fees, do the community service and complete drug education ( which is, go to rehab and complete aftercare)." I could petition the Court to have the charges dismissed. So, I have completed all the terms set forth. My question leads to, should I have the probation officer uphold the terms and submit a modification for early release from probation, since I have completed what I was required to do. I don't see why the probation dept can hold me on probation after successfully completing the terms. I haven't gotten into any trouble with the law, have not given a single dirty test, et, et.

There is also no indication whatsoever that I have to wait the entire 3 years of probation to submit the petition for dismissal.

 

[Casper Young]

There is also no indication whatsoever that I have to wait the entire 3 years of probation to submit the petition for dismissal.

Here is some more elaboration about my case so you can better understand. My case started 6 years ago and never made it to Court on the date I was told to appear. The DA waited a year before filing and by then I had moved to another County. The warrant finally caught up with me 3 years later and by then I have been working as a substance abuse counselor. Now here's the odd part. We work with DEJ clients and when they finish their drug education my supervisor goes to court along with the probation officer to petition for the dismissal of charges according to Prop 36 rules. My case was transferred from another County, so I don't have a paralegal (public defender) to represent me here, which is part of the problem I'm having getting it to Court. I've tried talking to my probation officer, however, she is doing nothing but roadblocking me.

 

[4Justice_MD]

There is also no indication whatsoever that I have to wait the entire 3 years of probation to submit the petition for dismiss

This is where you may be getting things mixed up.Originally,your sentence was 3 years probation,to pay fines,some community service,and to complete a drug rehab program,all of which you have done,and the charges against you would be "dismissed."
What your confusing here,is "early release,"from probation,which was part of your sentence,with "dismissal" of the charges,which will happen when the probation part of your sentence is up.
I understand that you want off probation early,because you have completed all the other conditions that were part of your sentence,but the dismissal of the charges,which will still happen,has nothing to do with getting off probation early,that was part of your sentence as well.
You need to make a call to the Public Defender,that represented you in the case,and have him/her help you with these concerns.
You could as others have said,petition the court for an early release,and if so granted,your charges most likely would be dismissed at the same time,but if your not given early release,you will have to complete the full 3 years which was as much a part of your sentence as the other conditions imposed by the court,upon completion,all charges against you will be dismissed.

 

[Casper Young]

This is where you may be getting things mixed up.Originally,your sentence was 3 years probation,to pay fines,some community service,and to complete a drug rehab program,all of which you have done,and the charges against you would be "dismissed."
What your confusing here,is "early release,"from probation,which was part of your sentence,with "dismissal" of the charges,which will happen when the probation part of your sentence is up.
I understand that you want off probation early,because you have completed all the other conditions that were part of your sentence,but the dismissal of the charges,which will still happen,has nothing to do with getting off probation early,that was part of your sentence as well.
You need to make a call to the Public Defender,that represented you in the case,and have him/her help you with these concerns.
You could as others have said,petition the court for an early release,and if so granted,your charges most likely would be dismissed at the same time,but if your not given early release,you will have to complete the full 3 years which was as much a part of your sentence as the other conditions imposed by the court,upon completion,all charges against you will be dismissed.

Okay. It seems that everyone here seems to be confused about Prop 36, so let me clear this up for you people. I AM NOT SENTENCED TO 3 YEARS PROBATION! Probation is assigned to oversee that I do as ordered by the court. Prop 36 rules I will post a link to after I mention I have been able to contact the attorney that was in charge of my case from the County I was charged in. And he spelled it out for me. I do in fact have "earned" the right for a dismissal as he put it, and cannot be held on probation after doing so. I will suggest you all read this before spouting off things like I have to do the whole 3 years when I DO NOT!. I'm disappointed with you all! I came for advice and it seems I know more about law than you all do!
Full Text of California Proposition 36 - The Substance Abuse and Crime Prevention Act of 2000.
SECTION 5. Section 1210.1(d),(1). At any time after completion of drug treatment, a defendant may petition the sentencing court for dismissal of the charges.

 

[Casper Young]

Okay. It seems that everyone here seems to be confused about Prop 36, so let me clear this up for you people. I AM NOT SENTENCED TO 3 YEARS PROBATION! Probation is assigned to oversee that I do as ordered by the court. Prop 36 rules I will post a link to after I mention I have been able to contact the attorney that was in charge of my case from the County I was charged in. And he spelled it out for me. I do in fact have "earned" the right for a dismissal as he put it, and cannot be held on probation after doing so. I will suggest you all read this before spouting off things like I have to do the whole 3 years when I DO NOT!. I'm disappointed with you all! I came for advice and it seems I know more about law than you all do!
Full Text of California Proposition 36 - The Substance Abuse and Crime Prevention Act of 2000.
SECTION 5. Section 1210.1(d),(1). At any time after completion of drug treatment, a defendant may petition the sentencing court for dismissal of the charges.

My difficulty was that since my case was transferred from another County I was having difficulties getting the matter on calendar and before a Judge. I have finally been able to get on calendar and my case will be dismissed in two weeks, as per Prop 36 ruling. Thank you.

 

[Casper Young]

My difficulty was that since my case was transferred from another County I was having difficulties getting the matter on calendar and before a Judge. I have finally been able to get on calendar and my case will be dismissed in two weeks, as per Prop 36 ruling. Thank you.

And if you want to know why this will take two weeks. It's because the Court is dragging the probation officer into court to be charged with violating my rights, by holding me on probation, without cause, after I have completed all the terms set forth by the Court.

 

[mightymoose]

Keep in mind you are asking for information in a free advice forum. Nobody here knows the details of every state law, especially the intricacies of how individual state programs are run. What you are more likely to get are general answers that fit most situations. In your initial post you neglected to even mention Prop 36.
You were encouraged in the very first response to speak with your own lawyer who would be most familiar with your case and the relevant laws.

It is unlikely the probation officer is facing any discipline over this- it's simply not the way it would be done. You are on probation until the judge releases you. You are not released from the time you complete the terms. You apparently needed some help with the petition for dismissal and that is not likely the probation officers job. That responsibility is yours or your attorney's.

Luckily you got on calendar in two weeks. That seems fairly fast. I would have expected at least 30 days. Hopefully you are proceeding with legal counsel.

 

[4Justice_MD]

I came for advice and it seems I know more about law than you all do!

To quote another member,"You seem to know everything," so,One can only wonder why with access to the "prop 36," rules that "you",but not "anyone" on here had,that you bothered wasting your time coming on here in the first place.
In any case,I admit to being wrong,and am glad that you got the "correct" answer,that you seem to already had anyway,and believe me,I will not attempt to answer any future concerns that you may have.
Good Will,and Best of Luck to you.

 

[leslie82]

Okay. It seems that everyone here seems to be confused about Prop 36, so let me clear this up for you people. I AM NOT SENTENCED TO 3 YEARS PROBATION! Probation is assigned to oversee that I do as ordered by the court. Prop 36 rules I will post a link to after I mention I have been able to contact the attorney that was in charge of my case from the County I was charged in. And he spelled it out for me. I do in fact have "earned" the right for a dismissal as he put it, and cannot be held on probation after doing so. I will suggest you all read this before spouting off things like I have to do the whole 3 years when I DO NOT!. I'm disappointed with you all! I came for advice and it seems I know more about law than you all do!
Full Text of California Proposition 36 - The Substance Abuse and Crime Prevention Act of 2000.
SECTION 5. Section 1210.1(d),(1). At any time after completion of drug treatment, a defendant may petition the sentencing court for dismissal of the charges.

So why are you still posting on here if you talked to a lawyer and you "know" everything about the case?

 

[Casper Young]

Keep in mind you are asking for information in a free advice forum. Nobody here knows the details of every state law, especially the intricacies of how individual state programs are run. What you are more likely to get are general answers that fit most situations. In your initial post you neglected to even mention Prop 36.
You were encouraged in the very first response to speak with your own lawyer who would be most familiar with your case and the relevant laws.

It is unlikely the probation officer is facing any discipline over this- it's simply not the way it would be done. You are on probation until the judge releases you. You are not released from the time you complete the terms. You apparently needed some help with the petition for dismissal and that is not likely the probation officers job. That responsibility is yours or your attorney's.

Luckily you got on calendar in two weeks. That seems fairly fast. I would have expected at least 30 days. Hopefully you are proceeding with legal counsel.[/QUO
I pretty much have a handle on this at this point. Thank you for some answers, and for your support.