2. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? not having to admit to a felony conviction on a housing, loan, or job application. Home Legal Can You Get A Felony Reduced To A Misdemeanor? The reduction of a felony to a misdemeanor is the decision of the court. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. By showing that those facts are not present, defendants can get the criminal charge reduced to a misdemeanor. Some of them can be quite strict. I was charged and sent off to jail. ", http://www.papillonfoundation.org/information/expungement-faqs/, http://www.workforcecentralma.org/additional-programs/re-entry/how-to-seal-your-criminal-record, http://www.masslegalhelp.org/cori/seal-by-mail, https://www.communitylegalaid.org/library/criminal/668-Sealing-a-Criminal-Record, http://www.mass.gov/courts/docs/probation/sealingpetition.pdf, http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html, https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, http://criminal.findlaw.com/expungement/the-expungement-process.html, http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf, http://www.courts.state.va.us/courts/cav/forms/petition_for_writ_packet.pdf, http://www.innocenceproject.org/news-events-exonerations/three-certificates-of-actual-innocence-issued-in-illinois, https://www.utexas.edu/law/clinics/innocence/tcai/, http://www.nj.gov/parole/docs/application%20-%20certificate%20of%20rehabilitation.pdf, http://www.co.shasta.ca.us/index/pd_index/cor/cor_app_procedure.aspx, http://www.co.shasta.ca.us/index/pd_index/cor.aspx, http://thelawdictionary.org/article/how-to-apply-for-a-governors-pardon/, http://www.gjp.org/faqs/get-a-pardon-in-georgia/. Nor does G.S. 15A-146 or other statutes. Many states, including California, have a process for requesting courts to reduce a felony charge to a misdemeanor after the defendant has completed his or her probation. Once you apply for a governors pardon, you typically cannot follow up on or check the status of your application. Jennifer Mueller is an in-house legal expert at wikiHow. Continue with Recommended Cookies. Crimes which fall within the lowest classification may qualify for some type of adjudicated sentence. This form is encrypted and protected by attorney-client confidentiality. Support them in meeting the terms of their probation. Visit our California DUI page to learn more. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. North Carolina uses a grid system for misdemeanor . The court will ask why a defendant is seeking a reduction. The aggravating factors are: 1. a. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: In some cases, criminal defendants can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. If you are pardoned, the conviction will remain on your record. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. They were so pleasant and knowledgeable when I contacted them. Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. Every crime in California is defined by a specific code section. Once filed, the judge will weigh several factors in deciding whether to grant the motion. agreeing not to commit any other laws while on probation. 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.. The clerks office will let you know where to send them. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Virginia Misdemeanor Penalties. Please complete the form below and we will contact you momentarily. 3972 Business Hwy 17 East, Unit E If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. This article was written by Jennifer Mueller, JD. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. 7A-271 (a) (1) (plea to a lesser-included misdemeanor) or 7A-271 (a) (4) (plea to a misdemeanor Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. We sometimes earn affiliate links when you click through the affiliate links on our website. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. State laws generally prohibit a citation from being issued in two common scenarios: The person refuses to sign a written promise to appear or requests to be taken before a judge. Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. This is essential in getting a job, housing, and obtaining a loan. The legal help you need to put your past behind you. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. 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. Copyright 2023 Shouse Law Group, A.P.C. References. Know when the waiting period starts. You generally dont have to do anything if your petition is granted. Some crimes, such as murder, are always considered to be a felony. You may wind up pleading guilty to something, but you can try to keep it to a minimum. This binding agreement is negotiated through the plea bargain process. X Some states never allow convictions to be expunged, or sealed from view. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. ; Texas Government Code 411.073 and 411.0735.; Montana Code 46-18-1101.; CRS 24-72-704 to 24-72-70, which only allows certain felony offenses involving drugs to be expunged. Is getting legal counsel absolutely necessary? 2023 Coalter Law, PLLC All Rights Reserved Get a deferred sentence. References collateral consequences from the federal government, which might still consider the conviction to be a felony offense. Shouse Law Group has wonderful customer service. [6] DUI causing injury (Vehicle Code 23153 VC), spousal battery causing corporal injuries (Penal Code 273.5 PC), drug diversion program (Penal Code 1000 PC), mental health diversion (Penal Code 1001.36 PC), military or veterans diversion (Penal Code 1001.81 PC), assault with a deadly weapon (Penal Code 245(a)(1) PC). [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. "Very interesting information to know. ; Arizona Statute 13-907, which restores "civil rights that were lost or suspended," but does not seal the conviction from the public. On the other hand, a charge of statutory rape, brought against a 19-year-old boy for having a consensual sexual relationship with his 17 -year-old girlfriend, where the boy has no prior criminal history, is an excellent candidate for a reduced sentence or possibly even dismissal. Please note: Our firm only handles criminal and DUI cases, and only in California. For example, a diversion program for a drug crime will often involve: Successfully completing the program will lead to the charges being dropped or reduced. The far-reaching consequences of a felony far surpass those of a misdemeanor. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. We use cookies to make wikiHow great. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. In criminal law, most offenses are either felonies or misdemeanors. The process is different in each state. When the clerk stamps and files your petition, s/he will give you a docket number and schedule your hearing. Thanks to all authors for creating a page that has been read 128,328 times. If your petition is denied, youll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed. Otherwise, the sentence will carry a prison term. Get the charges reduced. There are numerous important benefits in getting a reduction. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. Prop 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors. becoming ineligible for some professional certifications. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. Encourage them to seek further educationandtrainingto get a job, so they can succeed in living an honest life. ", "Very informative and written so that the steps are easy to understand. at the completion of the felony probation period. Identity Theft / Misidentification. While it is unlikely this charge would be dropped significantly, there may still be room to negotiate a plea bargain. Do not pursue a Certificate of Actual Innocence without legal representation. DUI arrests don't always lead to convictions in court. A criminal record can affect job, immigration, licensing and even housing opportunities. The waiting period may differ depending on the severity of your crime. Felonies which are in the lowest category are sometimes calledundesignated felonies. For a felony conviction, there are the loss of typical rights, such as the right to vote, own or possess a firearm, and hold public office. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. It asks the judge to reduce an eligible felony conviction to a misdemeanor. The judge will then suspend the sentence. All Rights Reserved. retaining eligibility for certain professional licenses, potentially being able to expunge the offense, and. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. "Reading the information helped me see the steps I need to take to help myself in a case against me.". The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. This requires a 17(b) motion. If there are two aggravating factors and a death, the offense is a Class E felony. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. The terms of probation vary. Can A Felony Be Dropped To A Misdemeanor? If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. Conviction of a felony typically carries a prison sentence and a term of probation. The terms of the program are designed to rehabilitate the defendant. Multiple charges may be expunged. In California, this offense can be charged as a felony. Wobblers can be charged as either a misdemeanor or as a felony. Felons may have difficulty finding a job, renting an apartment or getting higher education. They often decide based on the facts of the case. "This was great to help you in obtaining resources for getting the process going. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. The hearing may be less formal than a trial, but you should treat it with the same respect. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. As a former Assistant District Attorney, attorney Patrick Roberts has extensive experience evaluating alleged felony offenses. drug possession, like possession of marijuana. Petitioner has not been convicted of a felony.*. These are less serious crimes, with domestic violence and DUIbeing the most common. In these states, misdemeanors are far more likely to be eligible for an expungement. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. being granted my freedoms once again. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead . Rules and procedures for applying for a governors pardon are different from one state to the next. 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