Legal Question in Criminal Law in California
Probation Modification/changing a felony to misdemeanor
can i fill out forms over the computer to send to california to ask for probation modification and to ask for a felony to be reduced to a misdemeanor?
I realize court will require me to be present at the hearing but how do i get the court date? thank you
2 Answers from Attorneys
call
call your probation officer. he can help you with both issues.
Re: Probation Modification/changing a felony to misdemeanor
I'm not sure of what you want on a felony probation modification. However, talk to your probation officer, or if you have none call the probation department and inquire.
The former Penal Code Section 1203.4 provided for down grading of a Misdemeanor to a not guilty plea. This is a form(s). This section was replaced by 1203.44 to 1203.49. The Felony down to a Misdemeanor is authorized by P. C. Section 17. This may not be an 'X' the box form(s). But be a form known as a motion with Points and Authorities. You must have completed probation a year prior and not have any othe on going proble. However, I once did a P. C. 17 motion to down grade a felony while the client was still on probation, and the court granted it.
Call the criminal clerk at the court and then write to get copies of the forms that you need. You may not have to come here to a hearing. Once your probation is over and you've never been sentenced to prison you just need to file the proper papers. When you write for the court forms include a self addressed stamped envelope.
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