Legal Question in Criminal Law in California

Re: Felony reduced to misdemeanor without prejudice

Thanks for your posting. I must agree with what Mr. Hobbs stated. In short, you need to file a motion to reduce under section 17(b) of the Penal Code. The law library is a good start.

Another option is to have an attorney write the motion, or appear in court to argue it for you, but not incur the expense of having that person appear in court for the entire case as a flat fee basis. This is usually at least half price of the normal fee, and you do get the peace of mind of having this done for you correctly.

Thanks, and if you have any other questions, need more information, or want representation for any part of your case, please feel free to call me at 1-877-568-2977 or email me.

Sincerely,

Robert Miller

Attorney at Law

Re: Felony reduced to misdemeanor without prejudice

It would be a good idea to petition the court. If something happens, you are still on felony probation, and you get stuck with a second charge. You can be sentenced on the felony probation to a prison term. If the judge reduces it to a misdemeanor then you can only be sentenced to county jail time on the probation violation.

"A magistrate may reduce a felony to a misdemeanor under Penal Code Sections 17(b)(5) and 18 when the offense is described as a felony punishable by "imprisonment in any state prison or by fine, but without an alternate sentence to the county jail." Pen. C. Sec. 18. but when the offense is punishable by state prison, it is not reducible."

I'd go to the county law library and get one of the criminal law books showing how to put together a motion. I'd start with the CEB book on Calif. Criminal Law Section 22.34 and look at other sections found under the index "wobbler."

Lots of luck.