Legal Question in Criminal Law in California
Is it possible to get charges/conviction reduced?
I was charged with 148.1 felony but judge reduced it to misdemeanor and sentenced probation+community service only as a part of contest plea. My probation period is completing soon.
Once probation is over, Is there anyway I can ask for charges and conviction be reduced? Looking at technicality of the subject matter, offense does not sound like 148.1 at all. The most important thing is, the ''Bad Intent'' is totally missing in the case.
I wish to get this charges and conviction being reduced to some milder offense so that I can take care of immigration consequences in a better way.
Any help is greatly appreciated.
5 Answers from Attorneys
Re: Is it possible to get charges/conviction reduced?
Thanks for your inquiry.
You may be able to have your charges reduced. If I am reading your question correctly, however, you've already had your case reduced by the judge from a felony to a misdemeanor?
Once a misdemeanor probation has ended, you are eligible to have your case expunged, or taken off your record, pursuant to Penal Code �1203.4.
I hope this helps, but if you have more questions or details for me, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: Is it possible to get charges/conviction reduced?
Yes, by a motion to the court. Contact me if interested in doing so.
Re: Is it possible to get charges/conviction reduced?
YOU CAN DO AN EXPUNGMENT, HOWEVER IT WILL STILL EXIST FOR SOME PURPOSES. IF YOU WISH TO HAVE IT TOTALLY DISAPPEAR YOU WILL NEED TO MAKE A MOTION TO HAVE YOUR PLEA WITHDRAWN (separate from a 1203.4 motion). Best of luck.
CALL IF WE CAN HELP. LARRY WOLF
310 277 1707
Re: Is it possible to get charges/conviction reduced?
if you can email me the "statutory language of 148", i may be able to further assist you legally. also, please include the brief facts of your conduct that led to your charge, as well as why you feel "bad intent" was the missing element of the criminal offense.
Re: Is it possible to get charges/conviction reduced?
You should be able to get the conviction expunged if the following conditions apply:
Record Clearance
You have the right to "have your record cleared" which means that under the following conditions you have the right to withdraw your plea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charge(s) against you and release you from any further penalties and disabilities resulting from the original charge(s). You may request record clearance:
(1) At the conclusion of your probationary period (formal or court probation) if you have otherwise complied with all orders of court and if there are not charges pending against you (PC 1203.4).
(2) After one year has elapsed following the pronouncement of judgment if you have not been placed on probation and if you have otherwise led a good and lawful life and there are not charges pending against you (Penal Code ("PC") 1203.4(a)).
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