The Superior Court of California

DIVISIONS

FOR FURTHER INFORMATION
Call:	209-257-2605

OVERVIEW

CRIMINAL DIVISION OVERVIEW

Criminal cases have three different levels.

An Infraction, which is punishable by a fine; a Misdemeanor punishable by a fine and/or county jail or probation; and a Felony punishable by probation or state prision.

Only the State, through the office of the District Attorney in each county,
may charge individuals with criminal violations.

ALTERNATIVE SENTENCING PROGRAM

ALTERNATIVE SENTENCING PROGRAM (ASP) ALSO KNOWN AS WORK PROGRAM.

The program is not an alternative to sentencing; rather, it provides the opportunity to work off certain fines/or jail sentences by doing unpaid, supervised community service work, The Alternative Sentencing Program is not available in all circumstances and is granted at the discretion of the Judge.

In lieu of jail:

You are required to work 8 hours at the work site to which you are assigned in exchange for 1 day
of jail time.

In lieu of fine:

You are required to work 8 hours at the work site to which you are assigned in exchange for $114.00 of fine. Some imposed fines/fees cannot be satisfied by work program (i.e. restitution fines to the victim or the court, court fees, or probation fees).

Who supervises the Alternative Sentencing Program?

If you have been directed to complete the Alternative Sentencing Program as part of a court ordered sentence, you must report to the Amador County Probation Department to complete the referral paperwork and pay applicable fees.

Address:	675 New York Ranch Road, Jackson, CA. 95642
Phone:	209-223-6387
Business Hours:	8:00 AM – 5:00 PM, Monday – Thursday

I live out of town... Can I sign-up for the Work Program at my local Probation Department?

You may be allowed to work in your local area; however, you must sign up for the work program through Amador County Probation Department.

WARRANTS

If a warrant has been ordered you need to:

Turn yourself in to a Sheriff's Department.

You may be released with a date to appear or held for contempt as determined by the Sheriff's Department.

Submit a completed EX PARTE Application to Place Matter on Calendar and

the Order on Application to be presented for Judicial determination on your request to be placed on calendar or, retain an attorney to appear (if appropriate) and/or file documents to clear warrant on your behalf.

FAQs

FREQUENTLY ASKED QUESTIONS

The following questions and answers are provided for general reference and information only.

+ How Do I Obtain a Public Defender?

If you cannot afford to hire an attorney, you can ask the court to appoint one. The Court may then appoint a Public Defender to represent you. The Judge will consider your income, expenses, and other factors to decide how much (if any) of the Court-appointed lawyer's legal fees you must pay.

+ How Do I Retain an Attorney?

Attorneys may be located through the State Bar of California’s website, calbar.ca.gov, or through a local Bar association. The Amador County Bar Association information can be found through the group’s website, www.amadorattorneys.com.

+ What is a Protective Order?

A Protective Order is an order of the Court to protect an individual from violence or threats of violence. It is similar to a restraining order. Protective Orders frequently include an order requiring the defendant to stay a certain distance away from the individuals named in the order. A Protective Order is issued in criminal cases, usually at the request of the District Attorney.

+ Can I have the Protective Order terminated?

A Protective Order can only be terminated by Court order; otherwise, it is enforceable until the expiration date of the order. A request to terminate the Protective Order must be presented in the proper format to the Court by either the District Attorney, the Defendant’s attorney, or the Defendant, if the defendant is not represented by an attorney. The victim or protected person is not a party to the Protective Order and cannot petition the Court to terminate the Protective Order or otherwise file documents with the Court. A protected person who wishes to terminate the Protective Order, must contact the Defense attorney or the District Attorney.

+ How Do I Place a Matter on Calendar?

File a motion or appropriate moving document; or

Submit a completed

EX PARTE Application to Place Matter on Calendar, and the

Order on Application to Shorten Time for Service to be presented for Judicial determination.

+ How Do I Modify My Sentence, Fine Due Date, Probation, etc...?

To modify a fine due date, request work program in lieu of fine or jail, or modify a condition of your probation, please file a Request for Modification.

For other matters, please:

File a motion or appropriate moving document; or
Submit a completed EX PARTE Application to Place Matter on Calendar and the
Order on EX PARTE Application to be presented for Judicial determination.

+ Install/Remove Ignition Interlock device.

The Department of Motor Vehicles (DMV) is responsible for monitoring the installation

of Ignition Interlock Devices.

+ Applying for the HEM-Home Electronic Monitoring in Lieu of Jail

The Court does not order Home Electronic Monitoring. Applications for inclusion in said program must be directed to the Amador County Sheriff's Department

FORMS

Form	Description	Format

1203.4 Instructions 1203.4 Form	After successful completion of probation, if you qualify, you may petition the court to dismiss the charges under Penal Code §1203.4. If it is in the interest of justice, the judge may allow you to file the petition before probation ends. You may also petition the court under 1203.4a after conviction of a misdemeanor.
Application to Shorten Time for Filing and Service	Ex Parte Application is used to request an Order Shortening time for filing and service.
Application to Place Matter on Calendar	Ex Parte Application is used to place matter on calendar when counsel/party requests a hearing date and is unable to comply with procedures.
Order on Application to Place Matter on Calendar	Proposed Order which must be submitted to the court in conjunction with the ex parte application to place matter on calendar.
Certificate of Rehabilitation and Pardon	This packet provides instructions and all forms needed to file a Certificate Of Rehabilitation and Pardon
DUI form PRU-100	DUI Advisement of Rights, Waiver and Plea Form. (1st Offense Only-VC 23152)
DUI form PRU-101	DUI Advisement of Rights, Waiver and Plea Form. (VC 23152)
DUI form PRU-102	Addendum to DUI Advisement of Rights, Waiver and Plea Form.
DUI form PRU-103	DUI Advisement of Rights, Waiver and Plea Form. (VC 23153)
Felony Waiver and Plea Form	Use to enter a plea of guilty to felony charges.

Request for Modification	Use for requesting to change a portion of your sentence examples: Converting Jail Time to Work Program, Fine Due Date. The Defendant’s Statement of Assets(CR-115) form MUST be attached to this request.
Defendant’s Statement of Assets(CR-115)	The Defendant’s Statement of Assets Form must be attached to any Request for Modification of fines.

Petition for Restricted License	Use this form to request a recommendation for restricted license and Court's decision.
Waiver of Defendant's Presence (Penal Code §977)	Request for the court to proceed during every absence of the defendant.

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