Mandatory Supervision

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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

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1170(h)(5)(B) applies to felons sentenced to local prison with concluding portion served in the community under supervision of probation. The conditions are set by the court at time of sentencing and reviewed by court 30 days pre-release. The maximum length of supervision is the original sentence imposed by the court. Probation or district attorney can request revocation by petition, or court can do it on own motion.

Probation, district attorney or defendant can request any modification by petition, or court can do on own motion. Termination of mandatory supervision results in remainder of original sentence being served in local jail prison per 1170(h)(5)(B)(i). There is no flash incarceration as intermediate sanction. The sanctions by the court include unserved custody on original sentence. However, if there is a new crime, can be served c/s or c/c and may result in state prison sentence if new crime is state prison qualified. The burden of proof is a preponderance of evidence at the revocation hearing and the court would calendar new technical misdemeanor violations set concurrently with new felony cases.

If you have any questions about mandatory supervision, please call Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063