Legal Question in Criminal Law in California

How or can I get a felony possession charge reduced to a misdemeanor or dismissed?


Asked on 11/19/10, 7:44 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Have you already been convicted? Possession for sale is a "straight felony" that can never be reduced to a misdemeanor. If you successfully completed probation, you can apply to have the case dismissed under Penal Code �1203.4, which is sometimes called an expungement. However, it will not seal your record and it will not restore your firearm rights.

Is this case still pending? No lawyer can tell you how to get a good result without completely reviewing all the evidence. You aren't trying to fix a leaky faucet; you're charged with a felony that could send you to prison. You need a lawyer who can give you specific advice, not a generic answer from a stranger on the Internet who doesn't know the details.

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Answered on 11/24/10, 8:23 pm
Terry A. Nelson Nelson & Lawless

If you are asking about current pending charges, there is no magic wand to wave and make it all disappear. No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense.

If you are arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

If you are asking about expungement after conviction, many felony and misdemeanor convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. If you�re serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 11/26/10, 10:14 am


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