Legal Question in Criminal Law in California
''help please''
I am currently living in Oregon. I had a felony for Grand Theft Property (487.1) p.c., in California from 10/97. How would I go by having this felony reduced to a misdemeanor? Is there any thing that I could do myself or would I need a lawyer?
2 Answers from Attorneys
Re: ''help please''
Contact the probation department in the county in which the conviction was occurred. The probation department can tell you if the charge can be reduced from felony to a misdemeanor.
In Calforinia only certain convictions can be reduced from a felony to a misdemeanor. These charges are referred to as wobblers. That is they can be charged as either a felony or a mismeandor. If the sentence for a conviction of a wobbler is the same as misdemeanor, that is the person is not sentenced to state prison, it can be reduced under penal code section from a felony to a misdemeanor.
Re: ''help please''
If you successfully completed your probation, you are probably eligible to have the felony reduced to a misdemeanor. It can be done yourself, but it's complicated, and it's better to have a lawyer do it for you. You are probably also eligible for "expungement" which will allow you to deny that you were ever convicted of this offense at all (with some exceptions). Why don't you contact the lawyer who represented you in the case? You don't say where the case was heard. If it was in LA, and you'd like to have another lawyer (other than your original lawyer) handle it for you, feel free to contact me. Telephone: 310 393 0639
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