Asked in Criminal Law for California

Q: After 3 yrs of court I was assured by my counsel that if I pled guilty that I could receive 6 months home confinement

This is in leui of 1 yr jail term plus 3 yrs formal probation . After I signed it was ordered to meet probation in the county I was convicted in. During the 3 yr court fight I relocated to anither County and have been residing here for 2 yrs. Both my counsel and the DA were aware of my move. I pled guilty bevause of the home confinement guarantee now they are saying I would have to do it in the prosecuting county..I live 2 1/2 hrs away from that County. After my plea of guilty I had to be rushed in the hospital and ended up staying there over a month time and had 3 major surgeries done. I never made it to see the probation officer in the prosecuting county. My husband went to see her to inform her of the situation and I have been in touch with her faxing her all Drs papers I have been ordered by my Dr. to not travel for 4 weeks. But probation is insisting that I report to avoid being violated. What can I do?

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1 Lawyer Answer
David Dastrup
David Dastrup
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: With legitimate doctor's records of surgeries, highly unlikely that any judge will not all time to handle a court order. On the other hand, moving out of county but expecting the county to provide you services out of their county is unrealistic, especially if you had a specific deal. Depending on your case and your resourcefulness, you maybe able to work something out with the local authorities that the original county would recognize and approve of. However, this would require you to do a lot of foot work to make it happen at the risk that it may not be approved. Just an idea that is worth a try. Regardless of what you do, any delay beyond what a judge would consider debilitating medical hardship would decrease chances of any flexibility. You need your attorney to assist you with this.

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