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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?

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Attorney answers 3

Posted

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.

Asker

Posted

Thank you Mr. Revvill. Here is the additional information taken from court records I have. Both are felony counts in Santa Clara County, 664/288.2(B) and 664/288(A) as written on the court record. Sentence was 5 yrs probation released in 2009 served without incident and crime was first ever arrest/conviction. I do not have any other court records and the defense attorney retained lost my file. The arrest was 9/03 and sentencing was 4/04. My attorney did mention these as wobblers but wasn't aggressive in pursuing that in the plea agreement. If there may be an outside chance for reduction to a misdemeanor, then that's somewhat hopeful. I remain guardedly optimistic for a solution.

Jack Carson Revvill

Jack Carson Revvill

Posted

Honestly, at this point I think you should go to my AVVO page and give me a call. I would be happy to talk to you. Your comment responds to the points I raised, so I will say now that 288(a), unlike 288a, is definitely not a wobbler (nor was it in 2003), and that really limits the traditional routes we take to helping folks out after a conviction and good run through probation. I believe almost all of my contact info is on the AVVO page, so you should be able to fax, or scan and attach to an email, the document or court record you reference in your comment.

Posted

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.

Posted

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

Asker

Posted

Internet sting, typical of and similar to a TV show that sensationalized such stings. No contact, no "victim".