Is this misdemeanor a wobbler misdemeanor?

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One of my friends pleaded no contest for PC 602-Trespassing during her arraignment. It has been over one year since she pleaded. Would she be able to lower her misdemeanor into an infraction since she is about to finish her probation time?

Attorney Answers

4
Michael Levin ·
It is a 'wobblette' (misd/infr). You can make a motion. Most of the time, the decision to infraction is PRE-plea. But it's worth a shot.
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Victoria Clemans ·
If your friend had an attorney during the proceeding, I would contact them. If it was part of the plea bargain that the 602 get reduced to an infraction at the end of 12 months, and if sentencing were put over, then she would go back to court on the date set for sentencing with her attorney to be sentenced to an infraction. If it wasn't part of the plea bargain, I would contact an attorney that can help your friend with early termination. If she was already sentenced then the dye is cast and she can try to expunge if probation is terminated early. This is why you need an attorney, or she needs to contact her original attorney. LAW OFFICES OF VICTORIA CLEMANS (310) 803-9111.
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Matthew Feron ·
As Mr. Solis referenced via Penal Code section 17(d) it may be possible. It partly depends on the specific section of PC 602. Section 17(d) references section 19.8 which lists specific infractable offenses. Since the judge has discretion when it comes to whether they will allow the charge to be reduced to an infraction, part of the likelihood of success also depends on the facts of the case, and the terms of probation: both what they were, and how well they have been followed. If the subsection is one of the qualifying ones, it certainly never hurts to ask, and it may be well worth her effort to try. Contacting an attorney to talk in greater specifics about the charge/case is advised. For something like this, a free consultation should be available, and she can get a bit more information about what options may be available.
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