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Which is better?
San Francisco, CA
Viewed 40 times.
Posted about 1 month ago in Criminal Defense
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A dismissal by completing Penal Code 1000 or a dismissal through Penal Code 1203.4?
Answers (2)Stacey M Wolcott
This attorney is licensed in California.
Posted about 1 month ago.
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A dismissal under Penal Code section 1000 is better (that is my opinion of course). When a person is granted PC 1000 in a case the pronouncement of judgment does not occur, so if you successfully complete PC 1000 the case is dismissed under that section. However, under Penal Code 1203.4 you must be convicted first and then you can apply for the relief available under Penal Code 1203.4.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship
Joseph Briscoe Dane
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