I do not have an actual doctors note but I recently got a horrible back strain and have been having pain near my spine. I have been to the doctors office twice in the past two weeks. Would my papers that I received from the office from both visits be enough proof to the judge?
Without a local lawyer, highly unlikely. Avvo has a great lawyer finder tool to locate an attorney very close to your home. Good luck.
I agree. FIrst, you need well documented medical records indicating that you have injured your back and should refrain from physical activity for a while. You then need to contact an attorney to make a motion to modify the terms of your probation or extend your probation completion date.
First of all, this should be under criminal defense, and I am reclassifying it so you get responses from other criminal defense attorneys. If this is the first time you are making a request for an extension, and you have a note from your doctor saying you cannot do heavy labor due to back injury, the court will most likely give you an extension. An attorney being with you can be very helpful.
It will depend on the judge, but be careful in this regard. I have had clients ask for extensions based on medical reasons and the volunteer center then determines that they are not eligible for Caltrans and are required to do jail instead. If your date has not yet arrived for completion, there will be no probation violation. But, even if there was a probation violation, in Orange County, extensions are done automatically by the court system. An attorney does not need to bring a motion to extend probation. Regardless, get your paperwork in order and get into court as soon as possible to ask a judge.
In order to seek an extension you will first need documentation and proof of your spinal pain. If the papers that you have received from the office indicate your injury and recommend restraining from physical activity, then yes that should be enough proof for the judge. I would highly recommend seeking legal assistance and consulting with a local attorney to modify your order and request an extension.
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