Probation question Ca 11357(a)

def165 · Oct 4, 2010

I'll try and make this as short and sweet as possible:

I was arrested in riverside county in april 09, was charged with 7 felonies of possesion and sale. The only one i am convicted of is 11357(a) concentrated cannibus as of 7/7/10. This was of great success of me and my lawyer to get this charge as the others were very severe.

After getting released on bail I attended a total of 7 months of rehabilitation, 4 inpatient and 3 outpatient, court approved. I have also since then served 20 days of house arrest pursuant to my charge and terms of probation.

Here are the terms of probation that i am having issues with:
1. Complete 60 days custody with fore-mentioned monitoring program. (I am worried about having to serve more time on house arrest considering i have already served 20 days of this and have a form of completion.

2. Register with local law enforcement as a drug offender pursuant to 11590 h&s. (if i am remembering correctly the probation department has the right to enforce terms of probation but it was discussed in court that i would not have to register. is there any way around this? my lawyer has since retired and i have not been able to contact him)

I have to have all my terms of probation met and sent in before oct 10th(I am checking in through mail and must send in related paperwork). I do not want to register if there is a way around this, as i see this greatly affecting my future as i am graduating college next semester with two degrees.

If i left out any needed information i will gladly add it to this, any help/ideas would be greatly appreciated.

-The man just trying to do the right thing

Blessings

Antigone* · Oct 4, 2010

def165 said:
I'll try and make this as short and sweet as possible:

I was arrested in riverside county in april 09, was charged with 7 felonies of possesion and sale. The only one i am convicted of is 11357(a) concentrated cannibus as of 7/7/10. This was of great success of me and my lawyer to get this charge as the others were very severe.

After getting released on bail I attended a total of 7 months of rehabilitation, 4 inpatient and 3 outpatient, court approved. I have also since then served 20 days of house arrest pursuant to my charge and terms of probation.

Here are the terms of probation that i am having issues with:
1. Complete 60 days custody with fore-mentioned monitoring program. (I am worried about having to serve more time on house arrest considering i have already served 20 days of this and have a form of completion.

2. Register with local law enforcement as a drug offender pursuant to 11590 h&s. (if i am remembering correctly the probation department has the right to enforce terms of probation but it was discussed in court that i would not have to register. is there any way around this? my lawyer has since retired and i have not been able to contact him)

I have to have all my terms of probation met and sent in before oct 10th(I am checking in through mail and must send in related paperwork). I do not want to register if there is a way around this, as i see this greatly affecting my future as i am graduating college next semester with two degrees.

If i left out any needed information i will gladly add it to this, any help/ideas would be greatly appreciated.

-The man just trying to do the right thing

Blessings

If that is a term of your probation, then you must register. The fact that you have the conviction alone is enough to greatly affect your future.

If you are trying to do the right thing, then comply with the terms you agreed to. If not, in the end you lose.

def165 · Oct 4, 2010

thanks antigone,

am i right in my stance that the probation dept. has the right to enforce terms of probation regardless of what is said in court?

thanks again

CdwJava · Oct 4, 2010

def165 said:
thanks antigone,

am i right in my stance that the probation dept. has the right to enforce terms of probation regardless of what is said in court?

thanks again

The court can set probation conditions, but I do not believe the court can state whether or not you must register. H&S 11590 states that people convicted of H&S 11357 (a felony provision, not misdemeanor) SHALL register. Therefore, unless your case was dropped to a misdemeanor, registration pursuant to H&S 11590 would appear to be mandatory.

def165 · Oct 5, 2010

thanks java,

so my final question is about the house arrest. my terms of probation state 60 days with $%& monitoring company, which i have already done 20 physical days with. I guess I'm asking whether or not i should just fax it without giving them a heads up that it says "completed 20 days of his 40 day sentence pursuant 4019 pc on $%&'s electronic monitoring program and was release on the date indicated above", or should I give them the information before i send this. I dont know if this a miscommunication between the montoring service and the court (i served the time on house arrest before i got the terms of probation in the mail) or between probation and the monitoring program. Seems trivial but I dont want to make the wrong impression.

thanks again

CdwJava · Oct 5, 2010

def165 said:
thanks java,

so my final question is about the house arrest. my terms of probation state 60 days with $%& monitoring company, which i have already done 20 physical days with. I guess I'm asking whether or not i should just fax it without giving them a heads up that it says "completed 20 days of his 40 day sentence pursuant 4019 pc on $%&'s electronic monitoring program and was release on the date indicated above", or should I give them the information before i send this. I dont know if this a miscommunication between the montoring service and the court (i served the time on house arrest before i got the terms of probation in the mail) or between probation and the monitoring program. Seems trivial but I dont want to make the wrong impression.

thanks again

I am not sure what you are asking here ...

I would make sure that any communications you made was through the Probation Department. The monitoring company is not likely to concern themselves what YOU have to say.

As the Probation Department what the process is.

StevenJ_420Law · Oct 6, 2010

Probation departments enforce terms of probation through violation petitions filed with the court. They allege certain violations and you would need to go through a hearing process. You would have your rights such as a right to counsel. If you admit or are found in violation the court has wide discretion from imposing VOP fees to imposing your original sentence.

Furthemore, failing to register is a separate legal offense and you can be charged with that IN ADDITION to the violation of probation.

You need to find out if you need to register and get it done if so. Ask your PO and review your terms and conditions. You signed them when you accepted probation.

You need to talk to the PO and make sure you are doing what you need in terms of jail. VOPs involving FTA Jail can go to warrant very quickly.

Probation question Ca 11357(a)

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def165

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Antigone*

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def165

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CdwJava

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def165

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CdwJava

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StevenJ_420Law

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