Legal Question in Criminal Law in California

Dismissal of Charges/DEJ

I am on probation for possesion of cocaine (DEJ program). My probation expires Dec 8, 2004. Per PC 1000 can I anticipate that my case will be dismissed on the 8th or are there more hearings to follow? Also, per PC 1203.4 I believe I can withdraw my plea. Is this automatic, may I request this in person at the hearing, is there a form or motion to file?

Thank you in advance for responses and answers.


Asked on 6/26/04, 10:53 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Dismissal of Charges/DEJ

Under PC 1000, and the procedures related to it, you are allowed to have your case dismissed, instead of applying the plea you previously entered. With a dismissed case, you normally do not need an additional expungement, since an expungement technically reopens your case, allows you to withdraw your plea, and then dismisses your case, with the same result.

If you want more information, feel free to email me directly at [email protected].

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Answered on 6/27/04, 6:45 pm


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