Legal Question in Criminal Law in California
I was charged with a felony in California penal code 261.6 c. The guy is my boyfriend and his family didn't press charges. I don't have to register as a sex offender and the judge said when I complete my probation, with no violations, I will be able to have it dropped to a misdemeanor. I served 40 days in jail an was sentenced 60. I am on 3 years formal felony probation now. My boyfriend "the victim" turns 18 next aug which i will have a year 1/2 of my probation completed. When he turns 18 will I be able to see him or how does that work? Since I can't see him because my probation says no.
1 Answer from Attorneys
If the terms of your probation say you can't see him until he turns 18, then you can see him after his 18th birthday. My sense, though, is that they say you can't see him at all. If that is the case, then his 18th birthday is irrelevant and you will have to wait until you are no longer on probation.
In unusual cases the defendant can persuade the court to change the terms of his probation. That seems unlikely here, but you may want to discuss your prospects with your lawyer and/or with other criminal lawyers nearby.
Good luck.