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One month ago, on preliminary hearing I plead not guilty…

One month ago , on...
One month ago , on preliminary hearing I plead not guilty Judge offered 1 year probation.. Now at upcoming pre preliminary hearing If I change my plea to guilty will I be sentenced the same day or do I need to come again on a sentence hearing.My case is wobbler later reduced to misdemeanor from felony
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Answered in 14 minutes by:
5/25/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 881
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Okay let's see if we can figure out the history of this case.

If you pled "not guilty," that was at your arraignment. The arraignment is when you enter your plea.

if you are going to attend a pre-preliminary hearing, then you haven't had a preliminary hearing yet.

if you haven't been convicted of a felony then you can't have had anything reduced to a misdemeanor; but, it is possible that the court will accept a plea that will make the offense a misdemeanor pursuant to Penal Code Section 17(b)(3). If you are charged with a wobbler and the court sentences you to probation without imposition of sentence, the court can declare the offense to be a misdemeanor, either at the time of sentencing or upon application of the defendant (you) or the probation officer.

Also, once you complete probation you can file a petition pursuant to Penal Code Section 1203.4 and have the conviction expunged. Just ask for form CR-180.

Most courts require a pre-sentence investigation report before you can be sentenced. You may be able to waive the report; some counties allow it, others don't. Just ask if you can waive the pre-sentence report and request immediate sentencing.

That's it. Hope that answered your question. Please don't forget to rate this answer, and remember that you may always return here with follow up questions on this topic at no additional charge. Thank you for using Just Answer.

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Customer reply replied 2 months ago
Napa County
Customer reply replied 2 months ago
California

If the court is going to sentence you to a misdemeanor then you are not required to have a pre-sentence report unless the court wants one for some specific reason.

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Customer reply replied 2 months ago
I mean how many times do I need to go court to change my plea and accept the deal which I rejected last time and get probation for 1 year as sentence

I don't see any reason to go to court more than one time. You make your appearance; the judge calls your case. You tell the judge that you wish to accept the offer that was made. The judge will either make the same offer, or he won't. depending on the charges, you may have to fill out and sign a plea form. Some courts just take oral waivers.

You might want to discuss it with a defense attorney; the judge might wonder why you rejected the same offer that you now want to accept. It may be that you didn't understand something. But I'd discuss it with an attorney first.

James Daloisio
Category: Criminal Law
Satisfied Customers: 881
Experience: 30 years experience in criminal law, continuing education.
Verified
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