Legal Question in Criminal Law in California

Dismissal

i was asked by a deputy d.a to plead guilty to a charge of failure to provide child support or go to jail.so i did now i was unaware i had a follow up hearing i was never notified of it.and now i have a violation of probation i am trying to go back into the army and have to have it dismissed in order to go back in and at which point i could pay my support.is this possible?


Asked on 9/30/04, 2:23 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Dismissal

It sounds like you have [or maybe missed] a court hearing date to attend on the probation violation, and possible failure to appear. You can turn yourself into the court and plead your case, or you can hire counsel to make a more professional and successful job of it. Contact me if interested in getting help.

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Answered on 9/30/04, 3:24 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Dismissal

Thank you for your posting, and the opportunity to serve you further.

It is possible to terminate probation, and in some cases, to dismiss your case through the expungement statute, California Penal Code �1203.4.

However, the violation of probation allegations, and your failure to appear, will have to be taken care of first. If payment of support was a term of probation, the court will not dismiss it, although the DA has the power to consent to a stipulated dismissal if they choose to, upon a defense motion, although this is rare.

The bottom line -- what you seek to do can be done, but will be a tough fight.

I hope that this information helps, but if you have any other questions, or feel that you need legal assistance, please feel free to email me directly, at [email protected]. It's my pleasure to help in any way that I can.

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Answered on 9/30/04, 6:54 pm


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