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Wobbling down a misdemeanor into an infraction

Los Angeles, CA |

A hypothetical scenario, if one of my friends pleaded guilty or nolo contendre for a misdemeanor such as PC 415-disturbing the peace, would he be able to lower her misdemeanor into an infraction after finishing her probation time?

Attorney Answers 6

  1. Best answer

    No unless it was part of the deal. PC 415 is infractable but only if that's what was agreed with the DA at the time of the plea, otherwise the judge does not have power to do so.

  2. Yes. A 415 can be reduced to an infraction

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

  3. There are some charges that can be "wobbled" down to an infraction.
    If there is an agreement as such it can be done and happens all the time.

    Make sure that is part of any deal one may take if that is what they want.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

  4. Get it expunged.

    Andrew Roberts (818) 597-0633/ (805) 496-7777

  5. In either scenario, assuming probation is completed without any violations/new offenses, you can petition the court to have the conviction expunged and the court WILL (has to) grant the request. Just don't mess up and you're golden. Don't worry about the infraction bit. Just get the expungement.

    No attorney-client relationship is created by communications on AVVO. Any information provided by the attorney is for general informational purposes only. Always consult with a qualified attorney who is licensed to practice in your area.

  6. Typically, on a charge like PC 415, a reduction to an infraction is negotiated with the prosecutor before a plea is entered. If your friend entered a plea to a misdemeanor and was given probation, he or she can attempt to terminate her probation period early based on compliance. Once off probation, that person can file for an expungement, which is a procedure that allows the charge to be dismissed. Obviously, getting the charge dismissed is more advantageous to your friend than reducing to an infraction at that point.

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