When someone is put on probation, the Judge will impose certain terms and conditions of their probation that they must follow, and sometimes that means they actually have to do specific things.  For example, they've to participate in community service, Cal Trans, community labor, and the PAWS program.

 They might have to do AA meetings.  They might have to do domestic violence courses.  There are all sorts of things that can be ordered depending on what the crime is, what the prosecutors and Judge think will benefit the person, and also what your criminal defense attorney works out for you.

In order to keep track to make sure that the person is doing what they're supposed to do and they don't have a bunch of cases where people are not doing what they're ordered, and then basically the criminal justice system just becomes a farce where nobody's doing what they're supposed to, the courts will have what is called Progress Reports.

Basically, they're going to set a court date, and they're going to tell you that you have to show up on that court date, and you have to show proof that you're doing everything that you have to, and they keep bringing you back.  Some courts will bring you back every thirty days.  Other courts will bring you back every ninety days.  I've seen courts bringing people back every six months, every year.  Sometimes, they'll bring you back into the actual courtroom where your case is pending so the Judge can check on you.

Other times, if they want to keep their court calendar as clear as possible, they'll send you to the clerk's office.  You'll go to the clerk.  You'll show them what you're doing.  If you're messing up and not doing what you're supposed to, a lot of times the day that you go, the clerk will send you back into the court, and then they will give the court the file, and the court's going to look at you and ask, what's going on?  You were ordered to do your domestic violence course, and you haven't done one of them.  So, would you want me to throw you in jail for 180 days and then ask you about it?

The progress report is intended to monitor your progress and ensure that you're completing your work.  Usually, you can actually handle the progress report yourself if you're doing everything you're supposed to — you show up, you give it to the bailiff or the clerk.  They take it.  They show it to the Judge, the Judge calls the case, and you're out of there.

Why It's Important to Retain a Lawyer for a Progress Review Hearing

If you're going to have issues, though, you'll want to have your attorney present, obviously.  Your attorney can explain what's going on more effectively to the Judge in a progress report situation than you can.  Let's say, for example, you didn't do what you were supposed to, but you have a good reason for it. 

It would be best if you had a little bit more time.  Your attorney can appear and inform the court that you didn't fulfill your obligations.  You need an extension of time and explain to the Judge why, and a lot of times, the Judges will be reasonable, and they'll give you that extra time that you need.

At other times, depending on the circumstances, they may not be as reasonable, and they may either threaten you with jail or actually send you to jail.  For example, let's say the court orders you to perform thirty days of community labor and gives you a year to complete it.  In a year, you come back for your progress report.  You haven't done one day and are now facing a probation violation. This is a serious situation that could lead to significant consequences, such as an extension of your probation period or even jail time.

The Judge is going to look at you and go, Listen, what do you want me to do with you?  You're not doing what you're supposed to.  Most people have a variety of excuses — they have to work, they have a family, and they have numerous other commitments.  Well, then you're probably going to put the court in a position where they're just going to throw you in jail for some time.  Then, when you get out, you'll be done, and they won't have to deal with you anymore.  But, if you actually have an excuse, you have a reason — maybe you've done some of it.

Maybe you've done some of the other things but couldn't do certain things because you didn't have the money — whatever the case may be — then you're going to have to go in there, face the music, and explain things to the Judge.

You're always in the best position in a progress report situation where you haven't done what you're supposed to if you go in there with a criminal defense attorney.  Explain to the attorney what happened.  The attorney can deal with it much more quickly and effectively than you can, providing you with the reassurance and support you need during this challenging time.

So, it's pretty clear that these progress reports are important because, number one, you can get in trouble if you're not doing what you're supposed to, and face additional punishment.  Additionally, I believe they're important because, ultimately, in many cases, people want to have their records cleared.  

They want to get the case dismissed. They want to obtain what is called an expungement or dismissal in California, a process that involves filing a petition with the court and demonstrating that you have completed your probation requirements and are rehabilitated.

This can significantly improve your future prospects. Alternatively, they may also seek to have their probation terminated earlier, which is permitted under California Penal Code Section 1203.3.

Well, how are you going to do that?  Please show us your progress reports.  Show that you're making progress.  Show that you're doing everything you're supposed to so the Judge will be happy with you, see that you're on the right road, and give you a break — let you out of the criminal justice system. It's crucial to demonstrate your progress in these reports, as it can significantly impact the outcome of your case, potentially leading to a favorable resolution and a brighter future.

Believe it or not, they don't want you in there.  Their courts are clogged up.  They're a mess.  They want people out of there, but if you're not taking care of business, they're going to do things that make you difficult that you just simply don't want. Call our law firm for help.