How can I address unfeasible probation terms for an old misdemeanor charge in California?

Question

I was arrested 6 years ago in Willows, California, for a misdemeanor possession of drug paraphernalia. I initially showed up for my court date but stopped attending due to the hardship of driving several hours to Willows weekly. There has been an active warrant for my arrest for 7 years. The terms offered for resolving this include being put on probation with unfeasible guidelines such as random weekly drug testing in person at Willows, which could lead to job loss and financial hardship. Additionally, my request to transfer the case to Redding, California, where I live, was denied. How can I address these probation terms or seek a modification to avoid these hardships?

Mario Tafur · Answer

To address unfeasible probation terms for your old misdemeanor charge in California, you can request a modification of the probation terms through the court. California law provides mechanisms for modifying probation conditions if they are unreasonable or cause undue hardship. The court has the authority to modify probation terms at any time during the probation period if it serves the interests of justice or addresses the defendant's changed circumstances  
 § 1203.3. Revocation, modification or change of probation by court; Discharge of defendant; Revocation upon escape, § 1203.1. Order granting probation; Conditions; Imprisonment; Fine; Restitution; Work; Community service, § 1203.2. Revocation of probation upon rearrest; Modification of probation pursuant to noticed motion; Pronouncement of judgment; Setting aside order revoking probation. 
 
The Lent test, established in California case law, provides a framework for evaluating the validity of probation conditions. A probation condition is invalid if it (1) has no relationship to the crime of conviction, (2) relates to conduct that is not itself criminal, and (3) is not reasonably related to preventing future criminality. All three prongs must be satisfied for a condition to be invalidated. If the weekly in-person drug testing in Willows does not meet these criteria, you may argue that it is unreasonable and seek its modification  
 People v. Cruz Cruz, 54 Cal. App. 5th 707, People v. Olguin, 45 Cal. 4th 375. 
 
Additionally,  § 1203.3. Revocation, modification or change of probation by court; Discharge of defendant; Revocation upon escape allows the court to modify the time, manner, or conditions of probation if it finds that the current terms are not in the best interests of justice. You can file a motion with the court, providing evidence of the financial and employment hardships caused by the current probation terms. The court may consider these factors and adjust the conditions accordingly  
 § 1203.3. Revocation, modification or change of probation by court; Discharge of defendant; Revocation upon escape, § 1203.1. Order granting probation; Conditions; Imprisonment; Fine; Restitution; Work; Community service, § 1203.2. Revocation of probation upon rearrest; Modification of probation pursuant to noticed motion; Pronouncement of judgment; Setting aside order revoking probation. 
 
If the court denies your request to transfer the case to Redding, you may still argue for alternative arrangements, such as allowing drug testing at a facility closer to your residence. The court has discretion to approve such modifications if they are reasonable and do not compromise the goals of probation  
 People v. Cruz Cruz, 54 Cal. App. 5th 707, People v. Enriquez, 160 Cal. App. 4th 230. 
 
In summary, you should file a motion to modify the probation terms, citing the undue hardship caused by the current conditions and referencing the Lent test and  
 § 1203.3. Revocation, modification or change of probation by court; Discharge of defendant; Revocation upon escape. If successful, the court may adjust the terms to better accommodate your circumstances while ensuring compliance with probation requirements.

James L. Arrasmith · Answer

You have options to resolve your situation despite the challenging probation terms and active warrant. First, consider hiring a local attorney in Glenn County (where Willows is located) who can appear on your behalf to negotiate more reasonable probation conditions or potentially seek to resolve the case without probation. Many courts are now more amenable to remote appearances post-pandemic, and your attorney could request permission for you to appear by video for necessary hearings. 
 
Your attorney could file a motion to modify the probation terms under California Penal Code Section 1203.3, which allows courts to modify probation when terms prove impractical. Alternatively, they might pursue a conditional plea agreement that includes more feasible supervision requirements such as transferring supervision to Shasta County (Redding), reducing testing frequency, or allowing testing at an approved facility near your home. Given the age of the case and its misdemeanor status, an attorney might even negotiate for a simple fine or community service in lieu of probation. 
 
If financial resources are limited, contact the Glenn County Public Defender's Office to see if you qualify for representation. Additionally, consider researching California's "ability to comply" doctrine, which recognizes that probation conditions must be reasonably achievable. Document how the current terms would impact your employment and financial stability, as courts generally do not want to impose conditions that lead to job loss or financial ruin.

Q: How can I address unfeasible probation terms for an old misdemeanor charge in California?