Legal Question in Criminal Law in California

Re: Probation Modification

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Re: Probation Modification

The sentencing court always retains jurisdiction to modify probation. The issue is whether you can present your facts in a way that persuades the judge that modification is appropriate, since the general rule would be that the prosecutor is entitled to the "benefit of the bargain."

By way of example, factors that generally mitigate in favor of a modification are:

(1) the lenghth of time you have served on probation thus far, and whether there have been previous violations of probation;

(2) your record prior to this offense;

(3) what circumstances have changed since the time of your plea, which now make the early termination necessary or warranted?

Your case appears to present a very favorable one for modification. I suggest that if you can show that the continued probation will unnecessarily impede your ability to get on with a productive life, you will have your motion granted. For example, if you were unable to be hired for a particular job or gain a particular promotion by reason of the probation, the court would likely grant you the early termination if all other factors were favorable. Of course, if your conviction was a very serious one, and the 5-year probation was thought of as a tremendous gift, you might not be so lucky.

Not too surprisingly, I would recommend that you obtain counsel if it is very important to you to obtain the relief you seek. If you can live with a negative result, it won't hurt to try it yourself by arguing the above factors to the Court.

Furthermore, the early termination of probation is just one way to improve your present situation. An expungement of your conviction could mean that you could tell potential private employers that you had not been convicted of a crime. The Pardon (direct from teh governor or by way of Certificate of Rehabilitation from the Court) is another, more far-reaching means of obtaining relief from the burden of your conviction. It would mean that the conviction was deemed never to have occurred, and any "lifetime" reporting requirements would be ended. There are actually many methods to "erase" or "seal" the conviction, some more completely than others. My prices for obtaining such relief vary depending on the court at which the conviction ocurred and the type of relief sought.

In general, just to give you an idea, an expungement on a misdemeanor out of Orange, LA, Riverside or San Bernardo Counties costs about $750. Seeking a full pardon (which includes the expungement as a prerequisite) generally costs around $2500. Incidentally, having a lawyer also means you don't need ot go to court.

Whether you just need a little more help and want to go it alone, or, if you'd like representation, feel free to call me and ask. (714)612-7865; (800)515-0233. Or email: [email protected].

Best of luck to you either way.

JACQUELINE GOODMAN RUBIOAttorney at Law