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  1. #1
    Join Date
    May 2014
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    3

    Default Convicted of a Probation Violation After Probation Was Supposed to Have Ended

    If it is important I am in the state of CA.

    I recently discovered that the time I served, and the charges I was advised to plead guilty to in exchange for a jail sentence by my public defender, were a mistake. I just found out that my formal probation had effectively ended the day before my contact with law enforcement officers that lead to my arrest and the wrongful probation violation.
    Charged immediately with a formal probation violation, resisting arrest, and battery on an officer. I was advised to plead guilty to all charges and the resisting charge was dropped.

    The probation violation gave me X number of days behind bars (and fines, around $400), the battery on an officer gave me Y days behind bars. I am wondering what is the advisable course of action here on my part? I served time for a charge that never should have been brought against me in the first place. I served time that I shouldn't have had to serve. Do I have any recourse?

    Wondering what to do next.. For starters getting the probation violation out of the court system and off my record

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Was Charged with a Probation Violation and Battery on a Police Officer, One Wro

    There's not likely anything you can do about it at this point:

    1. You pled guilty.
    2. You are not in custody.
    3. Too much time has elapsed.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Convicted of a Probation Violation After Probation Was Supposed to Have Ended

    Pursuant to PC 1203.1(a), (j) ("[U]pon the payment of any fine imposed and the fulfillment of all conditions of probation, probation shall cease at the end of the term of probation, or sooner, in the event of modification."). Assuming that you had completed the full term of probation and complied with your sentence such that you should have been discharged, what is it that you hope to accomplish?

    If you received full credit toward the sentence for battery of the officer for the time you spent in jail on the probation violation, then even if we assume you should not have been convicted of the probation violation you would seem not to have been harmed by the error. Also, had you been convicted of both new charges, you might have been giving a greater sentence on the new charges -- assuming we're talking about PC 241(b) (battery of an officer) and PC 148(a)(1) (resisting arrest), your plea bargain subjected you to a sentence of up to six months on the new charge, but without it you could have been sentenced to up to a year. You might try to have the probation violation charge vacated, if you think it's worth the effort.

  4. #4
    Join Date
    May 2014
    Posts
    3

    Default Re: Convicted of a Probation Violation After Probation Was Supposed to Have Ended

    Quote Quoting Mr. Knowitall
    View Post
    Pursuant to PC 1203.1(a), (j) ("[U]pon the payment of any fine imposed and the fulfillment of all conditions of probation, probation shall cease at the end of the term of probation, or sooner, in the event of modification."). Assuming that you had completed the full term of probation and complied with your sentence such that you should have been discharged, what is it that you hope to accomplish?

    If you received full credit toward the sentence for battery of the officer for the time you spent in jail on the probation violation, then even if we assume you should not have been convicted of the probation violation you would seem not to have been harmed by the error. Also, had you been convicted of both new charges, you might have been giving a greater sentence on the new charges -- assuming we're talking about PC 241(b) (battery of an officer) and PC 148(a)(1) (resisting arrest), your plea bargain subjected you to a sentence of up to six months on the new charge, but without it you could have been sentenced to up to a year. You might try to have the probation violation charge vacated, if you think it's worth the effort.
    Sorry I don't have the PCs here at the moment. It was misdemeanor battery on an officer/law enforcement workers, resisting arrest, and was found to be in violation of my formal probation due to these new charges. A mistake was made, my formal probation was completed, done, over with the day before the incident.

    What do I hope to accomplish? Make sure the huge fines I paid didn't include anything related to a probation violation (I would want that money back), and the situation straightened out so the courts and probation knows that I should not have been violated. My understanding was with a guilty plea they drop the resisting keep the battery and probation violation and they gave me time for each of those things. It's done, I served it. Of course I was harmed by the error, the violation kept me in jail longer because it included some time to serve.

    I want the probation violation vacated, I think it is worth the effort. How do I go about doing this?

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Convicted of a Probation Violation After Probation Was Supposed to Have Ended

    Start by talking to your lawyer, and sharing with him all of the information about your case and the actual charges.

  6. #6
    Join Date
    May 2014
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    3

    Default Re: Convicted of a Probation Violation After Probation Was Supposed to Have Ended

    figured I should contact him. i'll see what he says and what he wants to do

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