Probation Department In A Los Angeles Criminal Case
The probation department is an important part of the criminal justice system. I personally don't have much respect for them because I find that they're lazy. They don't really do a very thorough job, and they almost never look into the defendant's side of it.
They're mainly focused on whatever it is the police and prosecutors have written. But, the probation department is important. In order to resolve a case, you typically need to get a probation report where the client is either interviewed or they're not interviewed depending on what the strategy is in a criminal case.
I usually don't have my clients interviewed because I'm always concerned they're going to say something to the probation department, and the next thing you know, the probation officer is going to be a witness in the case against them.
So, probation deals with cases before they end with a conviction or a not guilty verdict, and it also deals with cases after a person pleads guilty or no contest. In other words, if you plead guilty or no contest, you get put on probation, and it's a felony in Los Angeles, then you're going to have to deal with the probation department.
Probation Officer Monitors Activity for Compliance
They monitor you to ensure compliance with the terms and conditions of your probation, prevent arrest, and, obviously, keep an eye on you. They can also search your home.
If your crime is not that serious, if you're cooperative with the probation department, and you're not a career criminal, a lot of times, they'll just have your report either by kiosk or by mail, and then it's pretty easy.
But yeah, they can stop you from traveling; they can make you test for drugs. There are all sorts of things that the probation department can do. Also, they write a report for the judge before the case is resolved, recommending what they think the sentence should be, running your criminal background, and talking about the case and its facts.
They also try to call and talk to the alleged victims and any witnesses in the case. They are supposed to serve as liaisons for the judge, showing the judge the things about you and your case that will help the judge make a decision.
Unfortunately, I find them to be very lazy. They need to do a thorough job. I guess you could say they're overworked with so many cases. I really think that the probation department is one of the areas that they should change the court system, cut them out, and come up with a new system that's actually helpful to both the prosecution and the defense and also helpful to the judge in making the important decision as to what the sentence should be.
Ventura County actually has a much more hands-on probation department. Even though Ventura County is a tough courthouse, at least their probation department is on top of things. The prosecutor and judge work much more heavily to figure out what the defendant's sentence is going to be in a case.
Violations Sent To The Court
So, if you have any issues with the probation department, I would definitely use your attorney and get advice from your attorney so you don't do or say anything that causes them to violate you. That's another thing that they can do.
They can send a probation violation to the judge, so if you don't do something you're supposed to while you're on felony probation, they can alert the court and send you to court, write a report that you should be violated, and punish for what you did or didn't do related to your probationary sentence.
So, this is key. I'm doing probation violations all the time. Sometimes, we have to get the probation officer on the stand, ask him questions, and try to show our side of the story. But when it comes to you against the probation department, it's not a good position to be in because the judge is going to settle things. A lot of times, the judge is not going to settle things in your favor, which can cause you to go to jail, to prison, cause you to lose certain things that you have related to your plea agreement.
So, the bottom line is that you need to figure out how to deal with your probation officer and how to make sure that nothing is done that's negative toward you. You also need to get out of the judicial system and out of the eyes of the probation officer as soon as possible so you can move on and live a normal life.
