ExpertLaw.com Forums

Transferring Probation from Ventura to LA County

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 11-13-2008, 12:59 AM
    felonyfiance
    Transferring Probation from Ventura to LA County
    My question involves criminal law for the state of: California, Felony Marijuana Charges. 11358, 11359. Possession with intent and Cultivation.

    My fiance was arrested but has yet to be sentenced.
    He's been in jail for a month and we plan to move into his mother's house in LA County when he is released.
    He is going to plead out so they'll drop some of the charges, but we are wondering if we can have them transfer his probation to LA county
    He wants to be away from the people and situation in ventura county that got him into trouble to begin with.

    How can we do this, so that upon his release he can move to LA where i am, and not be forced back into the same situation he was in prior to his arrest?

    Will they force him to stay in Ventura County, thereby forcing him to stay among those same people?

    Is there any way we can have him released to his mother in LA County? as she works for a church that i now volunteer at.
  • 11-13-2008, 12:03 PM
    cdwjava
    Re: Transferring Probation from Ventura to LA County
    Yes, he CAN have his probation transferred, but that will be up to his probation officer. Ventura County will have to agree to do this, then, if they are requesting direct supervision, Los Angeles County will also have to agree.

    It will not be automatic, and will not take overnight.

    - Carl
  • 11-13-2008, 12:54 PM
    felonyfiance
    Re: Transferring Probation from Ventura to LA County
    He doesn't have a probation officer b/c he hasn't been sentenced or released yet.

    First he needs to be released, then they're going to have him go to the probation office in Ventura. He still wont have a PO at that time, and his first PO visit wont be for at least a month later.

    When he goes in to the Office to set things up so they can decide on a PO for him, he has to fill out information on where he is living.

    If his residence has changed since the time of his arrest (i.e. the house he was previously living in was sold, or he is no longer welcome in his father's home) and his new residence is in LA county, what happens?

    Can't he tell them these things when he goes to the Probation office? If he has no place to live in VC, they can't legally force him to be homeless just for probation. I know that much.
  • 11-13-2008, 01:05 PM
    cdwjava
    Re: Transferring Probation from Ventura to LA County
    Quote:

    Quoting felonyfiance
    View Post
    He doesn't have a probation officer b/c he hasn't been sentenced or released yet.

    Of course. But, that is the process. So, he won't be able to get it transferred until he does.

    Quote:

    First he needs to be released, then they're going to have him go to the probation office in Ventura. He still wont have a PO at that time, and his first PO visit wont be for at least a month later.
    He will be provided with conditions of probation when he is sentenced. He needs to heed them. If those say he must continue to reside in the county, he would be well advised to pay attention.

    Quote:

    If his residence has changed since the time of his arrest (i.e. the house he was previously living in was sold, or he is no longer welcome in his father's home) and his new residence is in LA county, what happens?
    That will be between him and the probation officer. He may need to ask this question of the Probation Department as soon as he gets released.

    Quote:

    Can't he tell them these things when he goes to the Probation office? If he has no place to live in VC, they can't legally force him to be homeless just for probation. I know that much.
    They can't force him to be homeless, but they can always put him back into custody. Probation is not a right, it is a privilege.

    It is very likely they will allow him to transfer, but it is not a guarantee. As long as he meets his requirements for testing and monitoring, he should be okay. Of course, if he has to test, he may have to travel to the Ventura County office one or more times each week.

    Perhaps you can arrange to talk with someone at the Probation Department who can answer these questions for you as to how they will treat the issue.

    - Carl
  • 11-13-2008, 01:17 PM
    felonyfiance
    Re: Transferring Probation from Ventura to LA County
    Wonderful. I am going to speak with them as soon as possible.

    His mother and I work at a church in LA County, which is just under an hour away from VC.

    The home he was previously living in is not a healthy place or good for him, because he will be placed directly back into the situation that got him into trouble to begin with. He will be around the same people who originally got him into this trouble, and that is not somewhere he wants to be.

    He has turned his life over to God and leads a prayer group & bible study in the day room at Todd Rd. We would greatly prefer he be able to live with us here, and make travel arrangements to come back to see his PO if that is necessary.

    Is there any way we could work this out during his sentencing? If the judge knows his situation before his release, could they decide to allow him to live in Pasadena until his first Probation Meeting?
  • 11-13-2008, 01:38 PM
    cdwjava
    Re: Transferring Probation from Ventura to LA County
    You will have to talk to his attorney about this. However, probation issues are generally addressed in the pre-sentencing report put together by the Probation Department for the court. His attorney should have some idea on whether this information can be provided to them or not.

    Keep in mind that convicts professing to have given themselves over to God is about as common as a sunny day in southern California. The court will likely hold little weight to that claim at this time.

    - Carl
  • 11-13-2008, 02:18 PM
    felonyfiance
    Re: Transferring Probation from Ventura to LA County
    be that as it may, i could care less what any of the other inmates say. i know him better than anyone, and he says nothing he doesn't mean whole-heartedly. even the guards have told me personally that they are amazed by him and the inspiration he brings to others, so i truly believe in my heart and soul that he knows God has a better path for him.

    and he is not a convict, as he is yet to be convicted of ANY crime, and has no priors what so ever. this will be his first offense, and he is only pleading guilty b/c time is what's important to him, and it's something he'll never get back. he had his medical marijuana license, but doesn't care to fight the charges b/c he wants to focus his attention on myself, our child, and the Lord. he has no intention of using or being around those that do.

    regardless of this, i feel it is better for him to be released to us in a healthier drug free and god-loving environment, than to the drug beaten former residence and people who influenced him and whom he took the fall for in the first place.

    thank you for the information, it is very helpful.

    if we/he provides his lawyer with the information regarding his home with us, we should be able to have this mattered handled during sentencing?
  • 11-13-2008, 02:38 PM
    felonyfiance
    Re: Transferring Probation from Ventura to LA County
    before we comment on a potential convicts behavior or belief in God, let's not forget how many pounds of cocaine go missing from the evidence locker here in california. Police have their vices as well as any other man, so let us not criticize the beliefs of any other human being, especially when it comes to someone's faith in God.

    who is to say the Lord does not put us in these types of situations so that we may hear him better, and so we may listen to what it is he is trying to tell us. It is no one's place to say otherwise. We are not God. And yes, though i agree it is far too common and often a lie made by many men who are locked up, we must remember that every instance is different, and everyone's relationship with God is seperate from all other's. My walk with God may be different from yours, but our destination is the same.

    Good luck in all you do, and God Bless you and those you love.
  • 02-09-2009, 11:06 PM
    felonyfiance
    Re: Transferring Probation from Ventura to LA County
    the information i received earlier was not entirely helpful or accurate. what i came to find out from his lawyer is that it is actually up to his judge, because he has not yet been released.

    the probation office interviewed him since then while he's been in custody and listed his former and current living situation. they noted the circumstances which prevent him from living in ventura county, and that his current residence is within los angeles county. they noted this is his first offense, and that he has no history of drug use.

    he wrote a letter to the judge, as did his mother, and his potential employer.

    they told him it will be up to the deputy probation officer, DA, and the judge to determine if he is able to have his probation transferred immediately upon his release.

    if they should not immediately transfer, he can get a 30 day pass to establish new residency here, gain a new probation officer, and have this form completed by both probation offices: http://probation.co.la.ca.us/1203referraldoc.pdf . he will be visited by probation so they can view his new residence and make sure it fits their standards.

    i will try to update you as this developes over the next 2 weeks.


    if you cannot find the information you are looking for on this site, please try lawtalk.com they helped me a lot.
  • 02-10-2009, 12:01 AM
    cdwjava
    Re: Transferring Probation from Ventura to LA County
    None of this contradicts any of the information you were provided here. The probation departments of the counties have to agree upon the transfer of custody. It is not automatic, and even the judge cannot compel another county to take over supervision of a convicted individual.

    - Carl
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 05:15 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved