Question: Can you be on formal and summary probation at the same time in the same county? I was on 3 years formal probation for a felony conviction. I had two months to go in the last year of my probation when I was pulled over for speeding and almost swerved and hit their vehicle which was a complete not true. I explained that to the Sheriff respectfully and that I was not speeding and did not almost hit another vehicle. The sheriff did not care what I said though. I showed then my I.D. and said they can search my car as I have nothing to hide.
I got out of my vehicle and they automatically handcuffed me and sent me to jail for a day. They transferred me to West Covina Courthouse where the judge eventually dismissed it. I thought I was done, but I missed a court date in Pomona for charges related to this stop. When I went to Court on that date the Judge booked me until after lunch and threatened me with jail time unless I did 30 days of community labor. I plead no contest and completed the 30 days of community labor.
Again, I thought I was done with everything pertaining to this arrest. I tried to get my felony expunged but it was denied. One of the reasons I was told was because I am still on summary probation for the case I did the community labor on. How could I possibly be on summary probation for that case when I was already on felony probation for another case at the time I was arrested?
Answer: It is possible to be on Felony/formal probation for one case, and summary/informal probation for another case. It is also possible that one probation got extended further if violated (ie. picked up a new case while on probation for another). If your felony probation is completed but you are still on summary probation for another conviction, it is possible to get probation terminated early on the other case. To do this you or your attorney would file a motion with the court and have a hearing on the matter. Feel free to contact me directly to discuss your situation further. I regularly file motions to Courts to terminate client’s probation early. Sincerely, Philip Hache, Attorney