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In January I plead a guy to 2 years deferred probation in an enticing a child case. He was �dating� a 15 year old girl and she would sneak out and he would pick her up. We believe that there was a sexual relationship, but she denied it and we couldn�t prove it. His probation officer, our sex offender PO, believes he is a pedophile and wants to add 2 conditions to the probation: 1) a sex offender assessment and 2) polygraph examinations. The defendant�s attorney told him not to agree to the modification. I don�t have any real violations to use as a reason to modify the conditions of probation. What do I need to plead in a motion to have the Court modify the conditions? One condition was that the defendant was to have no unsupervised contact with children under age 17, including telephone and internet communication. The probation officer does feel that he is still communicating with young girls, is his hunch enough? | ||
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CCP Art. 42.12 Sec. 11 says a judge may, at any time, alter or modify the conditions of community supervision. I would think a request by the probation officer or a motion by you seeking modification with reasons expressed as to why, should do the trick. | |||
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