Legal Question in Criminal Law in California

Re: tried as a felony

Unless marijuana was involved, simple possession of controlled substance is generally a felony. In certain situations, such as when possession of methamphetamine is involved, the DA has the discretion of charging it as either a felony or a misdemeanor. If the DA charged you with a felony and you were convicted of one, there is nothing you can do. Certainly not on the grounds that it could have been charged as a misdemeanor. It was up to the DA what you were going to be charged with.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: tried as a felony

I'm sorry but your question makes no sense as written. What were you initially charged with? Did you plead guilty or were you convicted after trial? What were you convicted of? Give the statute number. ie, Health and Safety 11350, or Penal Code 459, etc. Did you have a lawyer representing you during all this? Answer these, and then maybe I can help you. But re-post the entire question from scratch, with the added info.

Re: tried as a felony

If you are still within 60 days from sentencing, then yes, you could appeal. It doesn't sound like it. You'd need a proper basis for appeal, which would be determined by a full review of the facts and file. Appeals are expensive; you'd have to be prepared to pay substantial fees and costs. If you qualify on those issues, feel free to contact me if serious about doing so.