Legal Question in Appeals and Writs in California

Re: If a felony can be reduced to a misdemenor

I have a felony for Grand Theft in California, I have completed my probation and my jail time, but I haven't completed my paying of my fine. It has been turned over to the California Franchise Tax Board for collection. Would I be able to get my felony reduced to a misdemenor in this case.


Asked on 5/16/07, 10:58 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Re: If a felony can be reduced to a misdemenor

Not until ALL terms of probation are fulfilled and completed. Pay up, and then contact me to discuss expungement.

Read more
Answered on 5/17/07, 7:33 pm
Timothy J. Walton Internet Attorney

Re: Re: If a felony can be reduced to a misdemenor

Am I understanding you to mean that your claimed basis for reducing the charge from a felony to a misdemeanor is an inability to pay the fine?

I do not believe that would be a sound basis.

Also, if you have completed your probation, it seems likely that you have passed the deadline for appeal.

Perhaps you could make yourself more clear by providing additional information about why you feel it would be appropriate for a court to grant the relief you seek.

Read more
Answered on 5/16/07, 11:32 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Re: If a felony can be reduced to a misdemenor

If you didn't do state prison time, you can apply to have the case reduced to a misdemeanor under PC 17, then expunged under PC 1203.4. You will only get one shot at this, and your odds of success will be far greater if a) you take care of the fine first; and b) have a lawyer file the motion.

Read more
Answered on 5/17/07, 12:05 am


Related Questions & Answers

More Appeals and Writs questions and answers in California