Legal Question in DUI Law in California

What is the best way to go about getting a felony evading police dui reduced to a misdemeanor?


Asked on 2/07/11, 7:48 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Hire a lawyer.

Seriously, a felony case isn't some do-it-yourself project, like fixing a leaky faucet, that you're going to solve with some generic advice from a stranger on the Internet.

There are several places along the way where a judge can reduce certain felonies, known as "wobblers," to a misdemeanor. (Penal Code 2800.2 and other felony evading statutes are wobblers.)

A good attorney can get all the facts of the case and use them to get the charges reduced; for instance, the defendant's youth, good employment, lack of a criminal history, etc. In addition, the facts of the crime might convince a judge that is it less serious than other felony evading cases and should be reduced.... but if your actions put others at risk, the judge might not be inclined to reduce it.

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Answered on 2/08/11, 4:12 pm
Terry A. Nelson Nelson & Lawless

When charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Prosecutors don't take the time to research, prepare and file charges just to �drop� them. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 2/08/11, 6:12 pm


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