Legal Question in Criminal Law in California

Re: Is it possible to reduce a prior conviction ?

Thank you for your posting.

It certainly is possible to reduce a misdemeanor to a felony. How that is done depends upon the stage of the case. One way, of course, is via plea bargain, and that can be done any time after arraignment. Another way is through a motion pursuant to Penal Code �17(b), at the preliminary hearing, by establishing that the crime committed, although committed by the defendant, rose the level of a misdemeanor, and not a felony. Finally, after plea, a motion to terminate probation or parole can be brought, and the court can decide whether or not a motion under Penal Code section 17(b) is in the "interests of justice", and has an inherent power to reduce certain charges to a misdemeanor.

I hope that this information helps, but if you need other questions answered, want more information, or feel that you need legal assistance, please email me directly at [email protected]. I�m happy to help in any way that I can.

Re: Is it possible to reduce a prior conviction ?

Penal code section 17 applies to a small number of penal code sections. These particular sections are commonly referred wobblers, that is they can be charged as either a felony or a misdemeanor. When a conviction of a wobbler is sentenced as a misdemeanor and probation is completed can be reduced to a misdemenaor for all purposes. If a prison sentence is imposed, even if it is suspended and the person is placed on probation the charge cannot be reduced to misdemeanor.

Re: Is it possible to reduce a prior conviction ?

If you mean for a previous conviction, and if you have completed all terms of probation and have no new charges, then I can help bring a motion to retroactively reduce to a misdemeanor, and then a motion to expunge. There are limits, but would be willing to represent you. Contact if interested in discussing