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PROBATION VIOLATIONS AND WARRANT RECALLS

After a conviction, things do not always go right.  Many clients have hired Ms. Dodson after they violated their probations, and/or warrants were issued against them.  Ms. Dodson has an excellent track record for keeping people out of custody and minimizing any additional punishment. 

If you have missed a court date, the worst thing you can do is ignore it.  The warrant will not disappear.  Many people fallaciously believe that, if they have been pulled over by police and no warrant was discovered against them, their warrant has disappeared and will not come back to haunt them.  This is simply not true.  A traffic stop may not result in a warrant arrest when there is still a warrant out there.  It is much better to walk into court voluntarily then to wait until you are arrested and brought to court in cuffs.  This is because judges almost always view defendants more favorably when they show responsibility on their own initiative, rather than requiring the state to force them to accept responsibility.  Furthermore, when you are arrested on a bench warrant or a probation violation, you have no right to a speedy hearing.  Therefore, you may remain in custody on no bail without being afforded the usual constitutional protections.  It is important to call Ms. Dodson while you are still able to appear in court voluntarily.

Even if you have been arrested, having Ms. Dodson defend you at your hearing is crucial.  She will point out to the court and the prosecutor all the reasons why you deserve a second chance.  Many people are suffering hard times and community service is not easy to complete when you have to struggle to put food on your table.  Fines are getting harder and harder to pay.  While the economy and wages are spiraling downward, fines and penalty assessments have gotten higher.  Ms. Dodson will work hard to present the court with all the mitigating circumstances that indicate you deserve a second chance to complete your obligations to society. 

EXPUNGEMENTS AND POST CONVICTION RELIEF

If you would like to have your case expunged, Ms. Dodson can surely help you.  At a rate of $350.00 plus court fees, Ms. Dodson offers the lowest price on expungements.  An expungement allows you to have your guilty plea or conviction vacated, and the case against you dismissed.  It will not completely erase your conviction, your conviction will still be searchable, but it will show a dismissal after conviction.  This helps with obtaining a state job.  The state will consider your application equal with someone who has no convictions for any position other than that of a law-enforcement officer.  It can also help you with jobs that require no conviction for insurance purposes, such as hospitals.  You will have to check with the particular insurance carrier to be sure. 

If you want your conviction completely erased, you will have to file a writ of coram nobis.  This completely erases your conviction and helps with immigration, but it is an extraordinary writ that is only granted in extreme circumstances.  You may check with Ms. Dodson to see if your case has a chance of receiving this relief.  She will be honest with you and will not take your case unless she is confidant you have a good chance of success.  The retainer for this relief is high because it requires a lot of work.  It is best to get a transcript from your guilty plea before calling Ms. Dodson, so she can better assess your case.

If you would like your probation to be terminated early or modified, Ms. Dodson can help you.  She has experienced a lot of success when requesting this type of relief from the court.  It is best if you have completed at least half your probationary period before asking the court to terminate it.  If you want your probation modified, for instance, you are moving, Ms. Dodson can almost always get the court to grant this at anytime during your probationary period. 

Recent Victories

Client hired Ms. Dodson after getting a letter from the City Attorney’s Office informing him that he had a warrant for his arrest issued against him a year ago.  Ms. Dodson appeared in court with her client and he remained free on his own recognizance (without having to pay bail).

Client hired Ms. Dodson after allowing three years to expire from the time of her probation violation occurred.  She did not complete any of the community service she was ordered to do, or pay any of the fines she was assessed.  She also did not appear at her court date and a warrant was issued against her.  Ms. Dodson appeared at her side to recall the warrant.  The judge stated that there was no way she was going to avoid jail time, but allowed her to remain out of custody.  At her probation violation hearing, Ms. Dodson argued all the mitigating circumstances her client had encountered during the last three years.  The judge reinstated her probation and did not require her to serve any time in jail or issue any additional punishment.

Client hired Ms. Dodson 10 years after he absconded to Mexico on his open felony drug charges.  The charges consisted of transportation and possession of 10 kilos of cocaine.  Upon re-entering the United States, he was arrested.  Ms. Dodson represented him at his preliminary hearing and the case against him was dismissed.

Client hired Ms. Dodson after she was terminated from her drug program for testing positive for methamphetamine the second time.  She faced the imposition of a two year suspended state prison sentence.  Ms. Dodson represented her at her probation violation hearing and the judge allowed her to attend an outpatient drug program and reinstated her probation on the same terms and conditions.

Ms. Dodson appeared at a probation violation hearing which involved her client, a drug offender, who had not completed any treatment he was supposed to complete and was arrested on a bench warrant.  At the beginning of the hearing, the judge told Ms. Dodson that her client was remaining in custody, regardless of what she argued on his behalf.  After Ms. Dodson finished her argument, the judge released Ms. Dodson’s client from custody and terminated his probation early. 

Ms. Dodson appeared at a felony probation violation hearing.  Her client was arrested for another count of domestic violence which involved the same victim that he was on felony probation for battering.  At the end of a long hearing, Ms. Dodson’s client was being escorted by sheriffs back to his holding cell.  Ms. Dodson, however, kept arguing.  The judge politely continued to listen to Ms. Dodson’s arguments and eventually, ordered the sheriff to bring Ms. Dodson’s client back to the court room and released him from custody.  Probation was reinstated on the same terms and conditions.  On a side note, the sheriff who went back to get Ms. Dodson’s client from custody told Ms. Dodson’s client, “I don’t know what you’re paying your lawyer, but it’s not enough.”

Client was violated by his probation officer for never reporting for the last year and testing positive for marijuana use 10 times the prior year when he did report.  Apparently, his prior probation officer allowed him to slide with positive tests, but after a new probation officer was assigned to his case, he violated him for all his positive tests and all his missed report dates.  He faced the imposition of a state prison sentence.  Ms. Dodson appeared at his probation violation hearing, and after effective cross-examination of two probation officers, managed to convince the judge to reinstate his probation on the same terms and conditions with an additional five days of
county jail to be served.

Client hired Ms. Dodson after immigration instituted deportation proceedings against him due to a conviction that resulted in a 365 day jail sentence.  Ms. Dodson filed a writ of coram nobis requesting the judge to amend the sentence to 364 days.  The judge granted the writ and Ms. Dodson’s client’s sentence reflected a 364 day term.

Client was on felony probation for a highly publicized case involving rental fraud.  Having a different lawyer at the time, he was found guilty of defrauding several people out of rental deposits and rent paid to him for a house he did not own or have the legal right to rent.  There was a 2 year suspended state prison sentence in place.  Ms. Dodson’s client failed to comply with the terms and conditions of probation and was arrested for a second DUI while using a fake driver’s license, a fake registration, and provided the arresting officers with the same fake name.  To complicate matters, he had several thousands of dollars of cash on him, as well as marijuana.  Ms. Dodson managed to get the marijuana charge dropped, and avoid all charges associated with use of the false name, false identification and false registration.  Furthermore, she got the judge to sign a property release order that ordered police to return all his money and property that was confiscated.  Still, the battle was getting the felony probation judge to not impose the suspended two year sentence Ms. Dodson’s client had from his prior case.  After two hearings and a sentencing memorandum being filed and argued, Ms. Dodson’s client was sentenced to a sober living program and was released from custody the following week after the hearing.

Client hired Ms. Dodson after getting arrested during a routine traffic stop.  He had been convicted for cultivation of marijuana and possession for sale of marijuana while represented by another lawyer over three years ago.  During his prior sentencing, the judge sentenced him to two years in state prison, and allowed him one month to wrap up his affairs before requiring him to surrender himself to serve his state prison sentence.  At the hearing, the judge warned him that if he did not surrender on the required date, he would impose the maximum sentence of six years in state prison.  Instead of surrendering himself, he absconded and avoided detection for over three years.  At the first hearing, the judge noted that he had warned the accused he would impose the maximum penalty, and it was still his intention to impose the six years he had stated earlier.  Ms. Dodson requested another hearing date so she could present the court with a sentencing memorandum.  The judge told Ms. Dodson that he would allow her to present the court with a memorandum, but there was nothing she could say that would convince him to not impose the six years.  Ms. Dodson worked very hard interviewing witnesses and found a lot of mitigating factors regarding her client.  At the next hearing, the judge decided that Ms. Dodson’s client had an exceptional case and sentenced him to the original two year sentence he was originally ordered to serve.

There are several, other victories Ms. Dodson has experienced with probation violations and warrant recalls, too numerous to mention.  If you have an outstanding warrant or probation violation, call Ms. Dodson today at 818-435-2858, so she can help you with your matter.

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