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California: Early Termination of Probation problems
1st time posting so hope someone has insight in California.
In September 2007, I was convicted on a wobbler for possessing a fake driver's license. I accepted a plea to a felony conviction and 3 years formal probation. Before this conviction, I had zero criminal history. I have a potential employer ready to hire me if I can prove that I am successfully undergoing a process to terminate my probation and get my felony expunged. I would then be making about $50K a year. Right now I am basically flipping burgers and working menial day labor type jobs due to my felony jacket. I stayed out of trouble for 19 months now and finally got enough $$ to hire an attorney. They submitted a 17(b) motion to knock down the felony to a misdemeanor and have it expunged. I also asked for an early termination of probation. This is where it gets weird. The DA's office prosecutor said I had no legal grounds to ask for early termination because they claim part of the plea bargain was that I would not ask for early termination of probation and that I would agree to completing all 3 years. I don't remember this nor does my attorney. We are waiting for transcripts but I saw that a basic Calif. Superior Court felony waiver does not have this ludicrous statement that a probationer needs to finish his entire probation and not ask for early release. Has anyone ever heard of this or this a bunch of B.S? I'm still waiting to see my transcript. |
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Thank you for replying.
My current attorney is not the same one who was at my conviction but they both work for the same firm. I talked to my original attorney and he cannot remember this detail. He said it is a very irregular thing and totally out of the ordinary so he would have remembered it. Other attorneys I spoke to in California told me they never heard of such a thing. |
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