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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24052
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in AZ I was charged with class 4 felony aggravated

Customer Question

I live in AZ I was charged with class 4 felony aggravated assault and put on IPS because of history that was found in CA. Which states I have 4 prior felonies. The background check was made by the probation dept. So they are making it rough for me. The problem is that that isnt my history and i dont know how to get this mess resolved. I dont want to end up in prison for their screw up. What can i do.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Contact the lawyer who represented you when you took your plate. You should be able to verify your actual criminal record and get this matter before the judge to show that you don't belong when intensive supervision. Hello,

Contact the lawyer who represented you when you took your plea. He should be able to verify your actual criminal record and get this matter before the judge to show that you don't belong when intensive supervision. He could file a motion to modify the terms of your probation based on the erroneus information that probation obtained.

Customer: replied 11 months ago.
It was a public defender. He told me to either go to CA and get it fixed or find a lawyer that could. I lost my job cuz i had to do 90 days and was looking at 1-3.75 yrs. I was living in AZ during the time they said i was doing time in CA.
Expert:  Zoey_ JD replied 11 months ago.

Your lawyer advised you correctly but he can offer you assistance too.

Sometimes things like this happen when someone used your name when they were arrested. If, for example, your identification was ever stolen or some friend or family member with a record gave your name as an alias upon their arrest because you had none, your name would potentially turn up on a background check and trigger the problem you are having This is more common than you think.

The best way to do this is to return to the prosecutor in California who handled the cases against whoever used your name. He could do a fingerprint check and be able to give you an official letter that you are not the same person who committed the crime in California. Unfortunately, you're on probation and you don't have the ability to leave the state and get this done.

The alternative would be for you to hire a lawyer in California to clean up this mess for you. If you're indigent however, that's not an option either. All sorts of things can be accomplished with faxes. Your public defender can contact the Arizona prosecutor's office who in turn can contact the California DA's office in California and arrange for the prints to be provided by fax and matched with yours to show it's not the same person and support a motion to modify the terns of your probation. He appears not to want to put in the work.

If your public defender works for a defender organization he's got a supervisor. Call that supervisor and complain that your lawyer is not willing to help you solve a problem you've learned about that is putting you at significant risk.