Man Hesitates, Finally Admits Probation Violation

By Citlalli Florez

MODESTO, CA – A man, facing a probation violation on his 2018 converted criminal misdemeanor/infraction case, hesitated a few times but eventually took a deal and 52 days in jail—minus 12 days time-served—Monday here in Stanislaus County Superior Court.

The deputy public defender for the accused was Courtney Dyer, the deputy district attorney was Sara Sousa. The judge overseeing the case was Dawna Reeves.

According to one of the attorneys there was a request for a recommendation of serving 52 days to determine post release community supervision (PRCS) upon completion of the sentence. The accused was said to have agreed to accept the conditions. He has 12 credits.

The accused is currently on probation and is being accused of being in violation of the terms of his supervision for failing to report. He was told that he has the right to have a formal PRCS revocation hearing.

He was willing to waive his rights and confirmed that he had no questions. The judge then said, “Sir, do you admit or do you deny that you are in violation of your post release community supervision for failing to report to the probation officer as previously ordered?”

The accused responded with, “Yes.”

The judge then asked, “Do you admit it or do you deny it?” The accused paused for a minute then was asked if he had a question. He answered that he did not.

Judge Reeves then asked directly, “Do you admit it, sir?” The accused quickly responded with “No,” but then quickly changed his answer to “Yes.” The judge then repeated what the probation department was accusing him of and reminded him of his right to have a hearing.

There was another pause from the accused and DPD Dyer turned to him, counseling, “Remember that hearing we talked about, that’s what she’s asking if you want to have a hearing on that or if you wanted to do the probation recommendation that we talked about.”

The accused then thought about it and said yes to accepting the probation department recommendation.

Judge Reeves interrupted and stated, “Do you understand that you have the right to have a hearing, you can either have the hearing or you can admit it. If you have the hearing the DA’s office has to prove the allegations, if you admit, you’re not going to have the hearing.”

The accused thought about it some more, and then was asked numerous times if he wanted to waive his right to have a probation hearing. 

He ultimately decided to waive his rights and was sentenced to serve 52 days, minus 12 days time-served, in county jail for the probation violation.

About The Author

Citlalli Florez is a 4th year undergraduate at the University of California, Berkeley. She is currently majoring in Legal Studies, Chicana/o Studies, and Art Practice. She intends to attend law school in the future with the purpose of gaining skills to further serve her community.

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