California  |  Criminal Law

Legal Question

Asked on: 5/10/13, 1:51 pm

I have been on felony probation for five years. I have been told (and shown via computer screen) that my probation was to be discharged on 9 May 2013. This morning, I called probation to confirm that I am indeed released. I was told I am still on probation. I am told that, because my probation officer has been away for this past week, he has not typed whatever into the computer to officially release me. When I asked to speak to a supervisor (intending to ask why a supervisor has not done this), he frefused to speak to me. Instead, he told me via the receptionist that I will remain on probation until such time as my probation officer returns to the office, and enters the information into the computer himself. It was suggested to me that they might choose to keep me on probation for an additional two years. However, my paralegal has told me this can only be done by way of a probation modification hearing, which must be done prior to discharge date, and cannot be done after the fact. There has been no hearing. I have received no notification (neither in writing, by way of a personal, face to face conversation, by phone, nor by text message) informing me of any such extention. Indeed, each and every time I have spoken to my probation officer (the last time being the last week of April), he has confirmed to me that I would be released on schedule. All of this being said, am I still on probation? If so, is this a due process violation? Is this a civil rights violation? If I am, I wish to sue. Would this be a winnable case? If it is a due process/civil rights violation, can I site it as grounds for a outright dismissal? What are my chances in this? Good? Fair? Poor?

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