Legal Question in Criminal Law in California
Would a letter written by me to the judge be sufficient enough to request a felony reduction? Or would I have to appear in court?
I would of course submit an attachment with recommendations.
4 Answers from Attorneys
You have to file a motion and appear in court. A letter will do nothing. Hire an attorney is my advice. Good luck!
No. You will need to bring a formal motion. It will have to be filed with the court (not sent directly to the judge) and served on the prosecutor. It will have to be in proper form, contain persuasive legal and factual arguments and be properly supported by competent evidence. The prosecutor will have an opportunity to oppose the motion, and you will have an opportunity to reply. You will also have to schedule a hearing, and your papers will have to give proper notice of the nature, time and place that hearing.
Your chances will be vastly better if you get a lawyer to prepare it for you.
I agree with with Ms Hofmeister and Mr. Hoffman, But your question is somewhat lacking in details and they seem to presume, perhaps correctly, that there is not a plea agreement which includes an agreement to reduce the matter to a misdemeanor after a certain period of time. If there was such an agreement, if the time has passed, and if the DA agreed not to object you will still need a motion and it will be easier if you have a lawyer. But you might check first with the Probation Department and see if they can help you.
NO. Judges can not and will not read ANY communications from defendants except in court with all parties present. Any such request must be made in court by your attorney, or by you in pro per, but you first should negotiate with the DA at your PreTrial Conference, unless you are intending to tell the judge at your arraignment that you will plead guilty if he will give you a 'good deal'. some judges will oblige and tell you proposed sentencing.
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