[momof123]

I was just convicted of a 2nd DUI in Orange County, CA, and sentenced to 90 days in the Orange County Jail. I am not at all disputing the punishment. I understand the consequences that my actions have brought! Since my arrest, I have been to an In-Patient Rehab, continued aftercare, AA meetings, and I even volunteer for MADD. The court denied my having the possibility for electronic monitoring or Sherriff's work program. I have been told it may be possible to go into see the judge and ask for a "sentence modification" to have the possibility of these alternatives if the Sherriff's deem acceptable. I certainly would like to serve my time with repayment to the community rather than taking more than I already have.
Has anyone had any experience in going in to see the judge? I plan to go in on my own, without a lawyer.
Thank you for any advice you have!

[JudyKayTee]

My only experience has been as a spectator, not the actual person, BUT do you make an appointment to see the Judge, file a Petition? What is done in your area?

[momof123]

You make an appointment with the clerks office, then they put you on the calendar for the judge. I'm not really sure how it goes from there, I've never seen or heard of it before. Any info would be helpful! Thank you so much for answering!

[JudyKayTee]

I've seen similar in NY - you take your paperwork proving how hard you are working to get things together, letters and affidavits from people who have direct knowledge and a letter from you explaining how hard you've worked, how hard you intend to keep working, what you've learned, why you think a change in your circumstances would be beneficial to the community and to yourself. I would read the letter but give the Judge the copy to follow. I would try to memorize the letter in case you aren't allowed to read it - or as much of it as possible.

I would (obviously) be sincere. You have to remember that Judges are people and they LIKE to see a person's life improve.

You obviously are contrite so I won't even go there.

I give you a ton of credit and will keep my fingers crossed!

[momof123]

Thank you so very much!

[excon]

I have been told it may be possible to go into see the judge and ask for a "sentence modification"

Hello mom:

It's not as simple as that.. You can certainly make a motion for a sentence modification, but you'll be OUT of jail long before your motion is heard... If you go by yourself, the judge won't speak to you WITHOUT a prosecutor present.. That's what motions are for.

excon

[JudyKayTee]

Sorry, excon - but this DOES happen in NY. The Judge WILL see people by appointment. Didn't realize it was different in other States.

[excon]

Hello Judy:

That's OK. I didn't know that NY allowed them...

They're called EX PARTE communications.. Lat. 'By or for one party' or 'by one side.'

It refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.

Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side, (ex parte). An example would be where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).

But in THIS case, where there IS an ongoing adversarial relationship, it shouldn't be allowed, even in NY...

If you were a defendant, you wouldn't want the prosecutor talking to the judge about your case WITHOUT you or your lawyer present, would you? No you wouldn't, and you'd be RIGHT. If you were a prosecutor, you wouldn't want the defendant in the judges ear either.

excon

[JudyKayTee]

- and, of course, it doesn't matter because OP is not in NY.

It does appear that the Court Clerk was willing and able to make an appointment for OP to speak with the Judge. Wonder how that played out?