Legal Question in DUI Law in California

Re: Felony Reduction chances

Thank you for your posting.

Answering your question may be somewhat difficult, as it sounds as though you have information second hand, and as a result, we are receiving unreliable third hand information.

The paperwork, specifically the plea of guilty or probation order in your friend's case, is going to be especially important to review to give you an answer.

Generally, a felony can be reduced to a misdemeanor, but cannot just "become" a felony again unless what he in fact pled to is a felony, not a misdemeanor.

If the plea forms or probation order show that he pled to a misdemeanor, then whatever records you refer to are in error, and your friend should take steps to speak up and correct them.

If he had, as part of the terms of his probation, a plea to a felony with an opportunity to reduce it to a misdemeanor via motion at a later date upon successful completion of probation, then he may have had that opportunity missed when he pled guilty or was found guilty of a probation violation for missing his alcohol program classes and serving a jail sentence instead.

It may be possible to reduce his charges to a misdemeanor other ways, such as a motion pursuant to 17(b) to reduce the charges, but it's difficult to tell from the limited information provided.

I hope that this information helps, but if you have further questions, want more information, or feel that your friend needs legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can, and I wish your friend the best of luck.