A court policy adopted by Court Administration: misdemeanor and felony petitions for dismissal under PC §1203.4 scheduled at least 30 days from the date of filing, on the misdemeanor or the felony calendar; the Probation Department notified by electronic referral upon filing to prepare a supplemental report for the hearing; continuance requests in writing under the local rules; service on the District Attorney's Office upon filing, and on the prosecuting attorney at least 15 days before the noticed hearing (PC §1203.4(d)(1)); Judicial Council forms CR-180 and CR-181.
California > First Appellate District > Humboldt County > Superior Court of California, County of Humboldt
This Court Policy establishes uniform scheduling procedures for petitions filed pursuant to California Penal Code (PC) section (§) 1203.4 to ensure timely processing and consistency between misdemeanor and felony cases. This policy applies to all members of the public filing PC §1203.4 petitions for dismissal. This policy is adopted by Court Administration in an effort to manage calendars and limit settings. Court Policy and Procedure Misdemeanor PC §1203.4 Petitions All petitions for dismissal filed under PC §1203.4 for misdemeanor convictions shall be scheduled at least 30 days from the date of filing. The hearing will be set on the misdemeanor calendar. Felony PC §1203.4 Petitions All petitions for dismissal filed under PC §1203.4 for felony convictions shall be scheduled at least 30 days from the date of filing. The hearing will be set on the felony calendar. Upon filing of the petition, the Court will notify the Probation Department to prepare a PC §1203.4 supplemental report for the court’s consideration at the time of the hearing. Notification to the Probation Department shall be done by electronic referral upon filing of the petition. Additional Filing and Service Requirements Any requests for continuance must comply with existing local rules and be made in writing. Upon filing of the petition, the parties shall serve the District Attorney’s Office. Pursuant to PC §1203.4(d)(1), petitioner shall serve the prosecuting attorney at least 15 days prior to the noticed hearing. Judicial Council Forms CR-180 Petition for Dismissal CR-181 Order for Dismissal
This Court Policy establishes uniform scheduling procedures for petitions filed pursuant to California Penal Code (PC) section (§) 1203.4 to ensure timely processing and consistency between misdemeanor and felony cases. This policy applies to all members of the public filing PC §1203.4 petitions for dismissal. This policy is adopted by Court Administration in an effort to manage calendars and limi
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6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.
2 verbatim requirements on divisional requirements in NATASHA DEPRIMO's division.