Legal Question in Criminal Law in California

California pc 1203.4

I am at the mid-point of a three-year informal probation under PC 653m(a) in Los Angeles County (Beverly Hills). I wish to petition the court for early termination. I would then petition for a change of plea to 'not guilty' under PC 1203.4 in order to have the conviction expunged. Subsequently, I would need to file another 1203.4 in Riverside County for which informal probation for a misdemeanor conviction (''attempted DUI'') was completed in 1995.

Finally, PC 653m(a) is being challenged as to its constitutionality in a writ of habeas corpus before a district court judge in the 9th Circuit Court of Appeals (San Francisco). If the petitioner is successful, may I petition the appellate division of the superior court (Beverly Hills) for my own writ of habeas corpus?


Asked on 4/03/04, 3:30 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: California pc 1203.4

The motions you talk about can be done, and I'd be happy to do them for you. I'm curious about the conviction for attempted DUI. In 31 years of practice, I've never seen a factual situation that justified that result. In order to advise you about the writ of habeas corpus, I'd need to know more about the situation. If you'd like to call me over the weekend, call my office telephone, leave a message, and then press 03, and the call will be forwarded to my house. I'll be in and out over the weekend, so if you get my message machine at home, leave a message there, too, and I'll get back to you. Or, you can call me on my cell: (310) 922-3983. Steve Mandell Office: (310) 393-0639.

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Answered on 4/03/04, 7:51 pm


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