Prosecutor Rejects Probation Dismissal Despite Defense Claim of Lengthy Work Release Program Waitlist

By Cynthia Hoang-Duong

WOODLAND, CA – During a review hearing of the accused’s completion of her probation terms here this week in Yolo County Superior Court, Deputy District Attorney Ashley Harvey rejected the defense request to dismiss the accused’s violation of probation with a simple, “No.”

The accused is facing one felony charge for possession of a counterfeit check and several misdemeanors for identity theft and possession of burglary tools and drug paraphernalia.

Deputy Public Defender Courtney Leavitt, appearing for the accused, notified the court she contacted Yolo County’s Sheriff’s Working Inmate Program (SWIP) regarding the accused’s progress.

SWIP, a work release program, offers individuals the opportunity to perform community service work in lieu of jail time.

The representative of the alternative custody program informed her that the accused registered for the program on Feb. 23, but they have yet to schedule an orientation.

The DPD informed the court that waitlists for alternative custody programs—exacerbated by the Covid-19 pandemic—often require weeks or months before the individual can fulfill the court’s orders for VOP dismissal.

Given this length of time before the accused can begin her community service work, Leavitt requested the reinstatement of her probation and the dismissal of her VOP charges based on her enrollment rather than the court’s initial order for completion.

DDA Harvey responded with a terse, “No.”

Based on this refusal, Judge Daniel M. Wolk offered to delay the case and Harvey agreed to set the case back a few weeks to allow the accused to present proof of the remaining six days she owed to the court.

Leavitt compromised, asking the judge to set the case back for four weeks and to send the case to Dept. 7 in Yolo County Superior Court because she “[did] not want [the accused] to stay in revoked status any longer than she needed to.”

Judge Wolk set the matter for an admit or deny hearing on April 4 in Dept. 7, ordering the accused to appear.

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