Legal Question in Criminal Law in California

felony reduced to misdeamener
Hello I would like to know if a felony can be reduced to a misdeamer while the person is still on parole for the the same crime. The crime is sexual misconduct with a minor or something close to that. He has been evaluated by at least two psych's and they say he is not likely to reoffend. He has never been in trouble before or after and the crime was 15 years ago, but he just did two years and got out recently. Or does he have to wait until parole is over? or will he have this on his record forever? He absolutely has never ever been in trouble for anything in his entire life until this.

Asked on 5/23/06, 10:54 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: felony reduced to misdeamener

Felonies cannot be reduced to misdemeanors until the defendant has successfully completed probation. He can apply for an early release from probation but will probably be denied.

More importantly, felonies for which the defendant served prison time in prison (as opposed to jail) cannot be reduced. The only available option is to petition for a Certificate of Rehabilitation and seek a pardon from the governor. There is essentially no chance this will succeed for someone convicted of a sex crime involving minors unless the governor can be persuaded that the defendant is actually innocent.

Answered on 5/23/06, 11:32 pm

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