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Is California PC 664.288a different in sentencing and post probation relief than PC288a?

Fresno, CA |

I was charged with and plead to PC664.288a and 664.288.2b and wonder since the charges were attempts and the sentence was only 5 yrs probation (served) am I eligible for any form of relief?

Attorney Answers 3


  1. You will need to provide additional information in order to get a reliable answer to your question. For example, you will need to identify the applicable subdivision of section 288a, verify that you are in fact not writing about 288, subdivision (a), discuss any prior convictions or post-plea or post-probation incidents with law enforcement, if any. The attempt component is interesting, of course, but is not itself the basis for any post-probation/post-conviction relief to which you may be entitled. My advice is that you get together whatever paperwork you have from your case, or get copies from the court, especially the minute order from your sentencing, and consult an attorney. Penal Code sections 288a, subdivision (b)(1) and 288.2, subdivision (b), are both wobblers and as such may be sentenced initially as, or later reduced to, misdemeanors. Under appropriate circumstances, misdemeanors may be "expunged" pursuant to section 1203.4. So, again, the relief that is available will be determined based upon the precise nature of your plea and sentence.

    This is not intended as a legal opinion nor does the answer to this question create an attorney-client relationship, or give rise to a privilege. It is not a confidential communication.


  2. Get on your feet and go see Jack, he is local and knows what he is talking about.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


  3. Need a bit more detail. PC 288a contains "wobbler" charges.

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