Legal Question in Criminal Law in California

wobbler

On 11/14/96 at age 23 as a result of a shooting shooting accident my son was convicted of violating PC sect. 246.3 with great bodily injury, sentenced to 90 days in jail and 5 years probation. It was his only criminal conviction - ever. Since then, he has graduated from college, is employed in a profession working with disabled adults, and has purchased a home.His probation is complete in 11/01. Since PC sect. 246.3 is a ''wobbler'' - will his conviction revert to a misdemeanor automatically upon completion of probation or must he petition the court to have the felony reduced to a misdemeanor?


Asked on 2/02/01, 9:13 pm

4 Answers from Attorneys

Michael Jones Michael K. Jones, Attorney at Law

Re: wobbler

The answer is no......it will not automatically revert to a misdemeanor. However, I have very good news for you. Not only can I have the conviction reduced to a misdemeanor, I CAN HAVE THE ENTIRE CONVICTION EXPUNGED FROM HIS RECORD!!!!!!!

Upon the proper motion, an attorney can reduce a "wobbler" from a felony to a misdemeanor, and in certain instances, have the entire conviction expunged from one's record. For more information on this unique situation, please feel free to contact me at (818) 398-3788 or visit my website for more information on expungements.

(www.thebestcriminalattorney.com)

One of the links on the left hand side of the home page will say "how can i clear my record?".....click on that and it will give you more info. I have done hundreds of these across the state with great success............your son is no exception!!!

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Answered on 3/22/01, 6:01 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: wobbler

He has to petition the court to reduce the felony to a misdemeanor. While he's at it, he should also petition for expungement pursuant to PC section 1203.4, which allows him to deny the conviction for most (but not all purposes).

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Answered on 3/19/01, 2:14 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: wobbler

The conviction will not revert to a misdemeanor automatically. You must petition the court to have it reduced. We can certainly assist you with this. Give us a call and we can help you file for an expungement as well.

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Answered on 3/22/01, 3:53 am
Victor Hobbs Victor E. Hobbs

Re: wobbler

On all felony convictions in which no time was spent in prison the conviction may be downgraded to a misdemeanor conviction. Being a wobbler or not has nothing to do with it. Steve Mandell was correct.

However, the CEB book on criminal law several years ago talked about then down grading the misdemeanor conviction. But you must file a petition with the court to get the matter started.

I have seen the felony conviction downgraded even before the probation period was completed after all or a substantial portion of the community service was completed when there were special circumstances.

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Answered on 3/19/01, 10:59 pm


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