Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. In this section, we offer solutions for clearing up your prior record. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. California Penal Code section 1001.36(b) PC. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Once a conviction has been made, it is difficult to mitigate these consequences. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. The collateral consequences are significantly less for a misdemeanor. For example, in California, you can only get a felony reduced if the offense was a "wobbler." the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. Otherwise, the sentence will carry a prison term. Doing so should be done as soon as possible, though, because the sooner you obtain a lawyer, the more time they have to review your case and build a strong defense. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. After you submit your documents, prepare to attend a hearing, if necessary. Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued. Iowa Code 901C.3. Don's attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. When it is an option, though, a criminal defense attorney from a reputable law firm may be able to help use diversion to reduce the offense to a misdemeanor. This process can begin as early as the arraignment. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Please note: Our firm only handles criminal and DUI cases, and only in California. Some states do not allow you to expunge felonies at all. This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. It was me against 9 others in my own home. The reduction of a felony to a misdemeanor is the decision of the court. In either of these cases, the felony conviction is not eligible for reduction to a misdemeanor. There are several factors the court will consider. at the completion of the felony probation period. Felony convictions are more serious than misdemeanors. It lasts for 3 years for grand theft involving $25,000 or more. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. A hearing is then held in court. References. By using our site, you agree to our. Some common criminal offenses that are wobblers include: These offenses are eligible for a 17(b) motion to reduce the felony conviction to a misdemeanor. You may wind up pleading guilty to something, but you can try to keep it to a minimum. being granted my freedoms once again. This blog post will address the question of when a felony can be reduced to a misdemeanor. Please complete the form below and we will contact you momentarily. Petitioner has not been convicted of a felony.*. Continue with Recommended Cookies. They divert defendants out of the criminal justice system and into rehabilitation services. I listed my place of residence trying to help these folks because they had no where to go themselves. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. drug possession, like possession of marijuana. Every crime in California is defined by a specific code section. A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? The benefit of reducing a felony to a misdemeanor has to do with restoring some of the rights that are lost as a result of a felony conviction. The judge will then suspend the sentence. The board then submits its recommendations to the governors office. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead . Plea deals can be finalized at any point up to the trial. For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. They may even petition the court to terminate probation early. received a sentence of probation, rather than a county jail or state prison sentence. If there are two aggravating factors and a death, the offense is a Class E felony. Prosecutors and the court system both want to resolve cases quickly. 17(b) motions can be heard at any of the following stages in the criminal trial process: To expedite the process, the 17(b) motion can be filed during felony probation. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"