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Ernest J. Lee

Ernest Lee’s Answers

5 total

  • How do I better improve my chances of getting my probation terminated early?

    I have a 3 year probation for petty theft, but I have only served 10 months. I've met all the other requirements such as the fine and booking. My certificate as a CNA has been revoked until I can clear my record. They have taken me off the schedul...

    Ernest’s Answer

    Friend, if you have met all requirements of your probation you may be able to obtain its early termination. This is done by filing a motion with the applicable court where you were sentenced stating reasons why you have repented of your prior conduct and thereby continued probation is not required. Usually you must prove some change relative to your prior conviction. These motions do not take long to process. However, the Office of Probation and Parole, and the district attorney, or if a misdemeanor, the City Attorney in San Diego, or in the El Cajon City Attorney in the City of El Cajon, have to be notified so they get a chance to object. Call or email us at Lee Law Group (619-806-8017), or so we can see what can be done.

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  • Could I just spend time in jail to avoid being put on probation for a misdemeanor?

    I am currently servin 90 days and have a job when I get out but can't be on probation. They said the conviction isn't a problem but probation is. Can I serve a certain amount of time so I don't have to serve probation? Convicted of possesion of meth

    Ernest’s Answer

    In most situations, you can. But you are getting ahead of yourself. Your first goal should be to either get the case dismissed or be acquitted'.

    I speak in terms of case pre-disposition because you mention "probation". However, if you are serving a 90 days "sentence" and you are released early you will most probably be released on parole not probation. If you do not desire to be released on parole, simply refuse it and tell the jail counselors and the Dept. of Probation and Parole that you would rather serve out your sentence, but be sure to take your time for good behavior.

    As for probation, while it may appear so in CA, probation is not an automatic right. If you have not yet been sentenced, you should discuss the situation with your attorney and request that he work out a plea bargain with the district attorney, (city attorney if it’s a misdemeanor), that the judge can accept wherein you are given a specific term in jail for your offense with no probation

    Please feel free to call or email us at Lee Law Group (619-806-8017); or with any questions or comments you may have.

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  • My Daughter Has A First Offense Of 7 Charges And 1,220,000.00 Bail Court Date 06/26/12 What Can I Do With Limited CashNoColladrl

    7 Felony Counts First Offense Currently In Jail

    Ernest’s Answer

    Dear Friend:

    As stated by my colleagues, the bail may be reduced at the arraignment, which is the first appearance before the judge for these charges. First, you should hire an attorney who should be able to assist you in finding a bail bond agent that is a good fit with your daughter's and your situation. I presume from your question that you are the person financing your daughter's bail. Therefore, upon hiring your attorney you, your daughter, the attorney and the chosen bail bond agent attempt to negotiate a deal, where your daughter may be released even if it requires the attorney first obtaining a bail reduction. Then, you go about winning your daughter’s “case” or obtaining a plea bargain she can accept. This is what I would do. GOOD LUCK!

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  • Regarding: Motion of Early Termination and 1203.4 Petition.

    I received 3-yrs of probation for trespassing in CA (El Cajon). I have 5 months left on probation. I need to secure employment. Given my profession, it will be very difficult to get a job with a criminal record. How do I file a motion for early...

    Ernest’s Answer

    Hello Friend:

    Yes, there is a process that could allow you to modify your probation by early termination pursuant to PC 1203.3, especially with less than 1/6th of your probation time left while simultaneously attempting to "expunge' the conviction from your record pursuant to PC 1203.4. However, this is not something a non-attorney would usually do. This is because you have to have completed your probation to have any hope in your 1203.4 expungement process. An attorney could argue both at, "for all practical purposes” the same time before the same judge and DA /City Attorney with much of the work being done in the judge’s chambers and in the "readiness room". These are places where laymen, (non-attorneys), are usually not allowed. Therefore, in your case it may be more prudent to first do the PC 1203.3 probation modification requesting early termination, and then, when that is successful, file the 1203.4 expungement petition.
    Currently, I am representing a client that is in your exact position. He has till December until his probation ends and he is seeking PC 1203.3 probation modification so he can then get his criminal record expunged pursuant to PC 1203.4. I happen to be doing exactly what you However, for a few hundred bucks, I could commence your work, completing the entire job for much less than you may think.

    Note: you have noticed in the first sentence of my discussion above that I used quotation marks to qualify the term “expunge”. This was done to make sure that you understand that PC 1203.4 relief actually dismisses your case and the concomitant conviction therewith. So, under certain these dismissed conviction can still show up.

    Call my office and we will talk.

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  • If i plead guitly but havent been sentenced yet am i convicted of the crime?

    i accepted a plea bargain in october at the prelim. but my probationhearing/sentencing is in march. am i convicted as of now? or must i be sentenced first?

    Ernest’s Answer

    Yes, you are 'convicted' at your plea, although under some circumstamnces you may be able to change your plea if you can prove it was not knowing and intelligently made. This means that your plea was made without you knowing the facts, circumstances and, most importantly, the ramification of your plea.

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