Legal Question in Criminal Law in California

received a 180 days, 3yrs probation term from LA county for possession of meth. I was released on 4/2/10. At the time of my arrest I resided in San Diego county. My probation officer filed a transfer from LA county to San Diego county in July of 2010. I was instructed to continue to report to him in LA county until my case was transferred. My last report month was April 2011 in LA. I received a letter from San Diego revenue & recovery for a $30.00 cost of transfer fee then a phone call from a probation officer on Dec 2011.

She stated that my probation term is retroactive from 02/04/2010. As well, I was told that my risk level is high and that I will have to pay COPS (cost of probation services).

So my question is: Is there a way to get my probation terminated or modified to a lower level of supervision?

I have no fines or restitution. The only payments I will be obligated to pay is the cost of supervision because San Diego county has placed me on high risk probation according to their assessment of my past criminal history not the case at hand.

Also, I have lived in San Diego county since 1994.

And how would I go about modifying or terminating? What are my options?


Asked on 1/04/12, 10:29 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Any forced change to probation terms must be sought by Motion to the court, supported by proof of changed circumstances and good cause legal arguments sufficient to convince a judge to do as you ask. However, the likelihood of the judge reducing the supervision level and costs of probation is slim. The court defers to Probation to determine their assessments and rules. If you are serious about hiring counsel to try this, feel free to contact me to discuss the fees and costs of doing so.

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Answered on 1/04/12, 11:19 am
Glen Fleetwood Mister DUI-800-468-2-502

The most imporant thing to remember is that reduction in remaining probation is discretionary with the judge. The first thing he does is look at your record, most imporantly since you were placed on probation. Complete your terms? Any further problems? What is need to reduce term of probation?

My last case like this was Sept. 2011, Lancaster. We asked the felony matter be reduced to misdemeanor, and the judge, without holding a hearing, reduced and then dismissed the case. So my client went from a convicted felon to a clear record in one hour. It all depends on how good a package you put before the court.

GLEN FLEETWOOD

MISTER DUI

(805) 267-1267

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Answered on 1/04/12, 12:37 pm


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