Legal Question in Criminal Law in California

reducing my FELONY to a MISDEAMENOR

hello,

i am in need of some advice as to wat would be my best course of action. i am 26 yrs old. i have a past that includes felony drug possesion and shoplifting with a prior.

i spent 3 months in jail and 3 yrs formal probation. the judge gave me(i believe) 3 felony charges with with the option of reducing my felony charges to a misdemeanor and reduced probation after 1 year of good behavior and if i paid my fines in full.

this is the problem...it has been(i believe) 2 1/2 yrs since starting my probation and i have not been able to make a single payment on my fines. the reason being, i have a family to support; one son and a wife. also i CANNOT get a job paying over minimum wage due to employers rejecting me because of my charges.

i would like to know if it is AT ALL possible for me to go before the judge and plea my case. do i have a chance or am i wasting my time?

since i have been on probation i have not been in any trouble with the law. i have never tested positive for drugs, BUT i have failed to show up for drug testing a few times.


Asked on 7/22/02, 7:18 am

1 Answer from Attorneys
Gary Olive Law Offices of Gary Olive

Re: reducing my FELONY to a MISDEAMENOR

Well, you've got a couple of problems. I know things can get difficult economically, but no judge will be happy with you making zero payments. I do not know in your case if you can convert the fine payments to community service work, but if you can that would be a good option. You should look into it. Your other concern is the missing drug tests. That alone could be considered a violation of probation. When you are on probation you are judged harshly. To get your felonies reduced to a misdemeanor will require exemplary performance by you. Take all required tests, pay your fines or community service hours instead etc.

Good luck.

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Answered on 7/22/02, 9:15 am


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