Legal Question in Criminal Law in California

Re: F PC 496(a) & F PC 273(a)

You should ask your PD these questions. Maybe you have and didn't like her answer. You probably won't like mine, either.

Your sentence is consistent with the deal you describe, so I don't think you have grounds for any type of relief.

The D.A. promised that you "would receive at sentencing" no more than 30 days' jail time, and in fact you received none. If you violate the terms of your probation you will face additional time behind bars, but that penalty would be imposed at a later time.

You were also promised "some kind of probation", and you indeed got probation. You weren't promised informal probation or any particular duration, so again you received what you bargained for. You obviously wanted a shorter, informal probation but your deal did not require the government to agree.

Many probationers live in rural areas. If you think living in such a locale makes probation unworkable then you are mistaken. Meeting with your probation officer may be more difficult if you don't live near her office, but that is no reason to excuse you.

Further, your probation officer has no authority to change the terms of your sentence. Only the judge who sentenced you -- or his successor if he dies, retires, etc. -- can do that. There is no point in trying to bargain for something the officer can't give you.

You can seek a modification of your sentence, but the judge is unlikely to grant it. He put you on four years' probation because he believes you need an added incentive -- for a long time -- to obey the law. Your conviction was for child abuse or endangerment, and if the child was your own or that of someone close to you the judge has good reason to worry that she will remain vulnerable to you well into the future. A judge who believes you need to be supervised for four years is not going to let you off the hook after a mere 30 days.

Finally, I see no ground for an appeal. The sentence you received is consistent with your deal, and it seems you were fully aware of the terms of the deal when you made it. Unless there was a significant procedural error at the time of sentencing, I don't think you have any basis for an appeal. With more information I might reach a different conclusion, so you may want to file a notice of appeal just to preserve your rights. You have 30 days from the entry of judgment (usually the same day you were sentenced) in which to file.

The smartest thing for you to do is to obey the terms of your probation. That should keep you out of jail and it will not require you to hire a lawyer.

Good luck.