Are you saying that the probation was violated because he was convicted of the assault as charged by the ex-GF OR is that matter still pending? If he was doing the 150 days due to a new conviction, it would be nearly impossible for the ex-GF to recant without herself facing possible false report and/or perjury charges. However, if the ex-GF feels that she wants to come clean and recant her allegations then, of course, your sons conviction would be vacated -
If this matter is still pending, it will be up to the prosecutor to decide whether or not they want to allow the charge to be dismissed. The ex-GF can say she does not want to move forward but it is not up to her. It will be up to the prosecutor to make that determination which will be based on the facts and seriousness of the assault. If the prosecutor decides they want to move forward they can deem the ex-GF to be a "hostile" witness, if need be, to get her testimony in a trial.
You son's drug charge was a felony and would only have been a misdemeanor if he would have successfully complete his probation. Keep in mind, that even if the prosecutor decides to drop the assault, it does not mean that the original charge would be reduced to a misdemeanor because an adjudication on a violation of probation or parole is not the same as a criminal charge where there needs to be proof "beyond a reasonable doubt" - with a violation hearing there is a lower standard of proof - and just the fact that he was charged and arrested is enough to violated.
Unfortunately, the bottomline is I don't see how the felony would be reduced to the misdemeanor if the judge based the finding on a violation at the preponderance of the evidence level.
Best of success to you,
Thank you for the clarification.
There have been times when someone can ask that their probation be vacated - or at the very least become "unsupervised" Of course, as you stated, this would mean that there would need to be proof of good behavior while on probation. This is a request that should be support by his supervising probation agent - so the key would be to make sure that everything is good - no dirty urines, fines paid, steady employment and that he does not have any new convictions or EVEN any type of allegation that has resulted in a NEW CHARGE.
I hope this helps and best of success to your son in this matter,
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