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Question

I have been on 5 year felony probation for Unlawful Sexual Intercourse w/ a minor under 18 for 2 years now after serving a year in jail. The "victim" and I have had regular phone contact for a while now and that was recently uncovered. The probation department has solid proof. The "victim" who is soon to be 18, has written a letter to explain that we've had no sexual contact and that our relationship is strictly platonic and I am no more then someone who gives her advice. I've never been violated and I'm not a registered sex offender. I just made academic honor roll at my college with a 3.4 gpa. She just achieved a 4.0. In this context, how much time will I most likely recieve on a probation violation? And although they have proof, should I forward this letter to probation being that it is mitigation - but also incriminating?

Submitted: 290 days ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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Optional Information

Hayward, California

Already Tried:
I've tried nothing. I'm to report to the probation department on Monday.

Posted by PaulMJD 290 days ago.

Answer

If you have proof of the fact that she is contacting you, then you have a good chance of getting no time at all, but you will need an attorney to assist you on this because the contact will not stop the probation department from trying to issue a warrant for a probation violation. Based upon her contact and admissions the attorney would have a real good case for the judge dismissing any probation violation against you. The attorney would also be able to seek to try to modify the order prohibiting contact of any type and it is possible, but not likely, the court may agree to it based upon her wishes once she turns 18, but not before.

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290 days ago.

Reply

She wants to send the letter to the DA. Should that happen or no?

Posted by PaulMJD 290 days ago.

Answer

I would first hire an attorney to file a motion for post conviction relief to seek to get the probation shortened and I would not recommend doing that until she turns 18 and then she has a right to send a letter to the DA and even testify on your behalf at the motion for post conviction relief. If she does it before she is 18, she really has no rights as she is still a minor and it would cause nothing but trouble.

290 days ago.

Reply

Well how else can it be proven that she is seeking me out?

Accepted Answer

Phone records showing incoming calls to you and even her testimony that she is contacting you for advice would be evidence on your behalf.

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Expert: PaulMJD
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Answered: 2/6/2009

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