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  1. #1

    Default Probabtion Terms Adjustment

    My question involves criminal law for the state of: California

    Hello. My employee was placed on 3 years probation back in November 2016. His lawyer at the time told him and myself that his probabtion terms included him being able to travel for work purposes. It turns out the lawyer was not correct. My employee is changing Probation jurisdictions due to his residency and the new County says that unless the judge in the original jurisdiction orders his probabtion amended to allow travel for work they will not allow him to travel for work. He is a valued employee and I believe in second chances. His need to travel for work both in and out of state is a necessity for his job. We stand to lose alot of money if he is unable to do this.

    I contacted his lawyer who handled the case and they said that it should have been a condition of his probabtion but he did not request it. He then told me that my employee would have to pay him 10,000$ to file a motion before the probabtion transfer hearing in February. This is an extortionate amount of money that my employee cannot afford. Is there a way he can file a motion himself for this? What can I do to help? He is a good employee and I don't want to have to lose him because of this.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Probabtion Terms Adjustment

    Quote Quoting pauliewallie
    View Post
    My question involves criminal law for the state of: California

    Hello. My employee was placed on 3 years probation back in November 2016. His lawyer at the time told him and myself that his probabtion terms included him being able to travel for work purposes. It turns out the lawyer was not correct. My employee is changing Probation jurisdictions due to his residency and the new County says that unless the judge in the original jurisdiction orders his probabtion amended to allow travel for work they will not allow him to travel for work. He is a valued employee and I believe in second chances. His need to travel for work both in and out of state is a necessity for his job. We stand to lose alot of money if he is unable to do this.

    I contacted his lawyer who handled the case and they said that it should have been a condition of his probabtion but he did not request it. He then told me that my employee would have to pay him 10,000$ to file a motion before the probabtion transfer hearing in February. This is an extortionate amount of money that my employee cannot afford. Is there a way he can file a motion himself for this? What can I do to help? He is a good employee and I don't want to have to lose him because of this.
    Your employee should talk to some other attorneys. 10k seem an exorbitant amount just to file that kind of motion. Evening if it requires a hearing in front of a judge and some witnesses, 10k seems high.

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