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The court's procedure (6/4/2021) for petitions under AB1950, handled without placing the matters on calendar: felony petitions by Probation in mass (eligibility within 30 days, service on the District Attorney and Defense Attorney) and by the defendant or attorney, and misdemeanor petitions by the defense attorney in mass and by the defendant; the Court holds each petition for 10 calendar days for a written objection by the District Attorney, submits it to a judicial officer on the 11th day if none is filed, or places the matter on calendar within 10 calendar days of an objection; and an Order after Hearing states the new expiration date of probation.
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BENITO AB1950 PROCEDURE It is the Court’s intent to handle these filings without placing the matters on calendar. The Court will schedule hearings if appropriate. Please do not add scheduled events to a petition pursuant to AB1950. Please follow the guidelines outlined below. FELONY PETITION BY PROBATION IN MASS • To file a petition in mass, the defendant must be eligible for relief immediately or within 30 days of the filing of the petition. An individual file review to determine eligibility must be completed to use this form. This form cannot be used for cases that have outstanding warrants or future court dates. • Probation shall review and determine eligibility and file a petition outlining multiple cases. The Probation Department shall serve the District Attorney and Defense Attorney with a copy of the petition and provide proof of service to the Court. • The Court shall hold the petition for 10 calendar days from the date of proof of service to allow the District Attorney to file in writing any objection to those cases outlined in the petition filed by the Probation Department. • If the Court does not receive a filed objection by the District Attorney, the Clerk will submit the petition to a judicial officer for review and entry of the order, if appropriate on the 11th day after the service of the petition. • If an objection is received, the Court shall place the matter on calendar, within 10 calendar days of the filing of the objection, and send notice of hearing to the District Attorney, Probation Department and Defense Attorney. • If the petition is granted after the hearing, the Court will direct that an Order after Hearing be prepared and submitted to the Court indicating the new expiration date of the defendant’s probation. • FELONY PETITION BY DEFENDANT OR ATTORNEY • Defendant files a Petition with the Court. Defendant shall serve the District Attorney and Probation Officer with a copy of the petition and provide proof of service to the Court. • The Court shall hold the petition for 10 calendar days to allow the District Attorney to file in writing any objection to those cases outlined in the petition filed by the defense attorney or defendant. • If the Court does not receive a filed objection by the District Attorney, the Clerk will submit the petition to a judicial officer for review and entry of the order, if appropriate on the 11th day after the service of the petition. • If an objection is received, the Court shall place the matter on calendar, within 10 calendar days of the filing of the objection, and send notice of hearing to the District Attorney, Probation Department and Defense Attorney and/or Defendant. • If the petition is granted after the hearing, the Court will direct that an Order after Hearing be prepared and submitted to the Court indicating the new expiration date of the defendant’s probation. 6/4/2021 MISDEMEANOR PETITION BY DEFENSE ATTORNEY IN MASS • To file a petition in mass, the defendant must be eligible for relief immediately or within 30 days of the filing of the petition. An individual file review to determine eligibility must be completed to use this form. This form cannot be used for cases that have outstanding warrants or future court dates. • Defense counsel shall review and determine eligibility and file a petition outlining multiple cases. The Defense Attorney shall serve the District Attorney with a copy of the petition and provide proof of service to the Court. • The Court shall hold the petition for 10 calendar days to allow the District Attorney to file in writing any objection to those cases outlined in the petition filed by the defense attorney. • If the Court does not receive a filed objection by the District Attorney, the Clerk will submit the petition to a judicial officer for review and entry of the order, if appropriate on the 11th day after the service of the petition. • If an objection is received, the Court shall place the matter on calendar, within 10 calendar days of the filing of the objection, and send notice of hearing to the District Attorney, Defense Attorney and/or Defendant. • If the petition is granted after the hearing, the Court will direct that an Order after Hearing be prepared and submitted to the Court indicating the new expiration date of the defendant’s probation. MISDEMEANOR PETITION BY DEFENDANT OR ATTORNEY • Defendant files a Petition with the Court. Defendant shall serve the District Attorney with a copy of the petition and provide proof of service to the Court. • If the parties reach an agreement prior to the filing of the petition an attachment may be added to expedite the process of submitting the petition to the Court for review. • Pursuant to the standing order filed January 4, 2021, the Court shall hold the petition for 10 calendar days to allow the District Attorney to file in writing any objection to those cases outlined in the petition filed by the defendant. • If the Court does not receive a filed objection by the District Attorney, the Clerk will submit the petition to a judicial officer for review and entry of the order, if appropriate on the 11th day after the service of the petition. • If an objection is received, the Court shall place the matter on calendar, within 10 calendar days of the filing of the objection, and send notice of hearing to the District Attorney, Defense Attorney and/or Defendant. • If the petition is granted after the hearing, the Court will direct that an Order after Hearing be prepared and submitted to the Court indicating the new expiration date of the defendant’s probation. 6/4/2021 SB-CR7
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BENITO AB1950 PROCEDURE It is the Court’s intent to handle these filings without placing the matters on calendar. The Court will schedule hearings if appropriate. Please do not add scheduled events to a petition pursuant to AB1950. Please follow the guidelines outlined below. FELONY PETITION BY PROBATION IN MASS • To file a petition in mass, the defendant
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/forms-and-filings/sb-cr-7-ab1950a-procedure-instructions.pdf (167270 bytes, sha256 710a06e9e407311a6ac75f6b19587be8f01ee95ab50d9fb1270687b31b7b104e; 2 pages) with the shared verbatim composer (v2 reflow): page marks and running headers or footers removed as chrome (a running header or footer kept once where it names or dates the document); lines reflowed into the document's paragraphs; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented settings (the proofs hold): 1 whitespace-only fix read on the page (an empty bullet, slide titles and the spaced title letters set as printed). Review note: Dated 6/4/2021 at the foot of each page (the second adds “SB-CR7”); the court's Local Forms page lists it as SB-CR-7, “AB1950 Procedure Instructions”, 9/1/2021. Its misdemeanor section cites a standing order filed January 4, 2021, which the website does not post. The first list ends with an empty bullet, kept as printed.
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.