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  #1 (permalink)  
Old 07-24-2009, 08:58 PM
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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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Old 07-24-2009, 10:57 PM
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The felony waiver may not but if you agreed to it as YOUR SPECIFIC terms of the plea, you are bound by it.

Is your attorney now the same attorney that originally represented you?
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Old 07-24-2009, 11:45 PM
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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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