MODESTO, CA — In a case management conference hearing at Stanislaus County Superior Court last week, Judge Carrie Stephens set an accused’s case for sentencing in early December for violations of probation, even though the accused said they did not have the means to fulfill the probation obligations.
Deputy Jeff Silva, the accused’s probation officer, served as a witness for the prosecution and testified he had not heard from the accused since being assigned their case despite reaching out through the phone on two separate occasions.
The prosecution argued the accused did not, because of the lack of communication, comply with the terms of their probation, the completion of the ordered 52-week program and 40 hours of community service.
The public defender asked the witness what other forms of communication were attempted, such as letters, since financial circumstances have resulted in people getting their phone service cut?
An objection for relevance was made by the prosecution, arguing probation officers are not responsible for finding individuals. Judge Stephens sustained the objection.
When the accused was on the stand for questioning, they explained that since their court date in September of 2023, they’ve separated from their significant other and were experiencing homelessness, being housed at times at the Salvation Army.
The accused testified they did not have the money to maintain the phone bill and the car went to their ex-partner.
During cross-examination, the prosecution asked if the accused remembered being told the terms of probation since they had not yet been fulfilled, the accused said they did not recall.
The prosecution asked if they had walking impairments that prevented them from walking to the probation office, since the Salvation Army housing they were staying at is a short distance from the office. The accused said no.
The public defender commented that people can get paralyzed by the situations they are in, and don’t complete tasks.
Judge Stephens said the opposing counsel met its burden in providing proof and she does not believe that the accused does not know the terms of probation. The judge added she remembers them being in the courtroom September 2023, when she explained the terms of probation.
Judge Stephens stated there was a failure to report when they were within walking distance of the probation office and the case was set for sentencing Dec. 6.
