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  1. #1

    Default Obligations During Summary Probation

    My question involves criminal law for the state of: CA

    I completed formal probation and now I'm on Summary Probation, is there any difference between the two besides reporting to a probation officer?

    Do I have my rights back again -or- do I have the same rights I had while on probation -or- is there a general set of rights for everyone on summary probation?


    Any info anyone has on this would be really helpful, Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Summary Probation: Rights

    Quote Quoting C.JusticeSys-ReformNeeded
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    I completed formal probation and now I'm on Summary Probation, is there any difference between the two besides reporting to a probation officer?
    Not really, no.

    Do I have my rights back again -or- do I have the same rights I had while on probation -or- is there a general set of rights for everyone on summary probation?
    What "rights" did you lose?

    Your conditions of probation have probably not changed, only your supervision. However, if you are not sure, and are actively hoping to once again do something that had previously been restricted (such as drinking or smoking marijuana) then you need to contact the probation department and see if you can get a copy of your current conditions. if you are on COURT probation, then you should contact the court.


    - Carl

  3. #3

    Default Re: Summary Probation: Rights

    Thank you for taking the the time to post a reply to my question
    I was actually charged with resisting arrest after having a seizure and the case was getting too expensive to take to trial so I accepted a plea bargain.

    They dropped the felony charge to a misdemeanor after I successfully completed the formal probation and I was just curious if any of my rights had been restored. While on formal probation I lost the majority of my rights as you probably know and my home was subject to search without reason or warrant at any time without warning. I just wanted to know if I can still expect the police to come through my door at any moment all day every day until the Summary Probation is over (they haven't yet but I still try to take short showers just in case)

    Thanks again for your reply

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Summary Probation: Rights

    Quote Quoting C.JusticeSys-ReformNeeded
    View Post
    I was actually charged with resisting arrest after having a seizure and the case was getting too expensive to take to trial so I accepted a plea bargain.
    Which is, of course, effectively "guilty".

    They dropped the felony charge to a misdemeanor after I successfully completed the formal probation and I was just curious if any of my rights had been restored.
    What "rights" are we talking about?

    While on formal probation I lost the majority of my rights as you probably know and my home was subject to search without reason or warrant at any time without warning. I just wanted to know if I can still expect the police to come through my door at any moment all day every day until the Summary Probation is over (they haven't yet but I still try to take short showers just in case)
    That depends on the practice in your county. In most counties in California, the 4th waiver status will not change when you go from formal to summary. You are less likely to have to concern yourself with the probation department wandering by, but you might still have to worry about the local law enforcement officers. This is why you need to check with the probation department and find out your current conditions.


    - Carl

  5. #5

    Default Re: Obligations During Summary Probation

    Thanks so much for your help! I really appreciate you taking the time to read and respond and helping me know what I need to do to find out the details/conditions.

    Take Care

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