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  1. #1
    Join Date
    Jan 2008
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    18

    Default Sentenced to Probation but Never Informed of the Terms

    My question involves criminal records for the state of: California

    Okay so I have finally received a response from the California DOJ about the incompleteness of my criminal record (I posted an inquiry about incomplete criminal history in California earlier this year) and it does appear that they have been able to confirm that something exists.

    When all this actually occured in 1988 from a 1986 incident, my attorney informed me that this "wobbler" offense would be offered as a misdemeanor to me if I pled guilty, which apparently was done by my attorney for me on that day. I did not have to appear because it became a misdemeanor charge and not a felony filing. So my sentence was, according to my updated DOJ fingerprint record probation, community srvice and restitution. This is what my attorney told me as well, so I know that much is accurate any way. How is though that the Probation Department never contacted me about the terms of this sentence?

    I was never contacted by the Probation Department about this whatsoever, and I lived at the same address for some time afterward and obviously never received anything in the mail. Apparently my sentence was to be 2 years of probation, but I was never informed as to anything, nor was I informed of any bench warrants being filed upon me for not fulfilling the terms, especially when I had been stopped for traffic tickets after this suppossed sentence.

    I am doubly confused now, since I obtained a certification from the court clerk that the case number could not be located--but now apparently something exists. I will be paying a visit to the court clerk again next week, but seriously, can anyone explain this to me? In addition for this particular "wobbler", there is a minimum six month mandatory incarceration according to the Penal Code--of which I never did. Also for this particular section, if probation is granted it must be indicated as within "the interests of justice" to do so, and must be stipulated on the record. I don't understand at all. Thoughts?

  2. #2
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    Default Re: Sentenced to Probation but Never Informed of the Terms

    Okay... that was long, rambling, and apparently requires that I go back and read your prior threads. I prefer short and clear, and am not willing to wade through other threads to figure out the context.

    It sounds like you're telling us that you entered a guilty plea to a crime and either did not attend your sentencing, or did not pay any attention to your sentence. As a consequence you did not complete your probation and have a probation violation.

    The cure? You need to be resentenced and complete your sentence. As for the rest, "Tell it to the judge". It's the judge who will evaluate the merits of your explanation for why you did not complete your sentence, and whether the explanation is reasonable.

  3. #3
    Join Date
    Jan 2008
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    18

    Default Re: Sentenced to Probation but Never Informed of the Terms

    Quote Quoting Mr. Knowitall
    View Post
    Okay... that was long, rambling, and apparently requires that I go back and read your prior threads. I prefer short and clear, and am not willing to wade through other threads to figure out the context.

    It sounds like you're telling us that you entered a guilty plea to a crime and either did not attend your sentencing, or did not pay any attention to your sentence. As a consequence you did not complete your probation and have a probation violation.

    The cure? You need to be resentenced and complete your sentence. As for the rest, "Tell it to the judge". It's the judge who will evaluate the merits of your explanation for why you did not complete your sentence, and whether the explanation is reasonable.
    You are correct, I did not attend the sentencing, my lawyer entered the plea for me apparently. My lawyer informed me of this plea deal, and I took it, considering my circumstances at the time.

    Now the interesting part, I never learned of the terms for this particular sentence--I even called the probation department, and they informed me that they, the probation department would contact me. I have no documents about my sentence--NOTHING. I lived at the same address for some time after, and never received anything about this either. They never did contact me; I never had an interview with a probation officer or anything. I have renewed my drivers license several times since then, and have been pulled over a few times since then--never had a probation violation or an bench warrant show up at all. Nothing whatsoever.

    After my initial inquiry with the probation department, I just figured that I just needed to stay out of trouble and moved on with my life--it never came up in these 20 years until I did a background check on myself. There it was listed through DOJ with no disposition--just an initial charge.

    So I go to the court to look for the case file--it cannot be located. I even have a certificate from the clerk saying so. The case file does not exist, and there is no record of it being destroyed if it did exist. Then I have California DOJ investigate, through their Record Review process. The DOJ finds some entry from a Prosecutor's database which indicates a conviction for this particular case and the aforementioned sentence. I have yet to go to the D.A.'s office to hopefully get a printout of that abstract.

    So I guess some database entry is a legal document somehow; I'm not sure. Anyway, I will be confering with a lawyer about this because essentially there is no paper trail for this case at all.

    I am just seeking thoughts about what may have happened because I am stumped about it. It's never come up all these years until I looked into it. Please contribute if anyone has any idea what may have happened.

  4. #4
    Join Date
    Jan 2009
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    4

    Default Re: Sentenced to Probation but Never Informed of the Terms

    If you were represented by counsel, the court most likely contacted your attorney and he or she should have communicated your probation terms to you. You should see about filing a habeas corpus petition on the grounds of ineffective assistance of counsel.

  5. #5
    Join Date
    Jan 2008
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    18

    Default Re: Sentenced to Probation but Never Informed of the Terms

    Quote Quoting Legal3
    View Post
    If you were represented by counsel, the court most likely contacted your attorney and he or she should have communicated your probation terms to you. You should see about filing a habeas corpus petition on the grounds of ineffective assistance of counsel.

    Yes, it would seem that my attorney should have notified me after he supposedly appeared for me on this plea deal. It would make sense as to his pattern of ineffectiveness because he was disbarred I believe in the year 2000 for "not protecting the interests of his clients" for similar actions. So he is long out of the loop, and I have no recourse with him whatsoever.

    The thing that is maddening about it, is if indeed I was sentenced to these particular terms, why did they not catch up with me after all of these years? Certainly, the case would have remained open if the terms had not been met, and a file would undoubtedly exist, along with probation violations and bench warrants.

    For this particular penal code section, as far as I can tell, it carries a manadatory six month incarceration, so I do not see how I could have been offered these sort of terms to begin with.

    I appreciate youur help legal3!! If anyone else has any other thoughts please respond. Thanks!!

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