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Chances of early termination of probation as well as reducing my "wobbler" felony charge at upcoming hearing? in CA

San Diego, CA |

I was convicted of assault with GBI in Feb 2009 in California. I have a upcoming modification hearing on 4/4/13. My public defender is seeking to reduce my felony wobbler to a misdemeanor while hoping to terminate probation. I still owe about 50,000 in restitution but it is "joint and several" between 3 codefendants. I have settled a personal injury lawsuit and have already paid the victim a $20,000 lump sum.

About me: I am 22 years old(male), attend San Diego State University as an International Business major with an above 3.5 GPA. I volunteer coaching youth basketball throughout the year. I have completed all anger management and have had zero probation violations. My probation officer has submitted what she called a "docket" I believe, recommending an early termination of probation.

I forgot to add that i also have been working part-time throughout the probation period while maintaing a 15 unit/semester school schedule

Attorney Answers 4


You should confine your questions to your public defender. You are represented by counsel and we will not say or do anything to second guess that lawyer. If she said you had a good chance then you probably do.

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Based upon my experience and what you have shared, it sounds like your chances are good.

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Speak to your public defender. BTW -- in my experience school is given a great deal more weight than work in these matters, so don't let work interfer with school and the GPA.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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The chances are more accurately provided to you by your current attorney than by any of us strangers on the internet.

Good Luck.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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I agree. Unfortunately I can never get a hold of here. Two months of voicemails and I have spoken to her once. But that's what you get when you can't afford private counsel. I wasn't even aware I had a court appearance scheduled. Luckily my PO looked into it for me. thank you for the input, much appreciated

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