How to get felony charges dropped? This is the most crucial stage to know about the verdict of the judiciary system. I am sure that you are aware of the difference between theft and robbery. And also read the things to do when you are arrested.
Here are multiple scenarios in this case. First, you have to first consider the posture of the case.
- We are talking about charges that are currently pending in court. You still have an opportunity to fight and prosecute.
- We are talking about charges that have already been found true, either by a jury finding or a plea of guilty or no contest, and therefore a conviction resulted?
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How to get felony charges dropped?
Scenario 1: Pending charges in the court:
Felonies are broken up into two categories. There are wobblers and non-wobblers. There are actually a lot of different ways of categorizing felonies, but in terms of what you can do to make a felony go away, there are wobblers and non-wobblers.
Wobblers
A wobbler is a crime that can be charged as a felony or as a misdemeanor. A misdemeanor is a crime with a maximum punishment of one year in county jail and a felony carries a potential prison term of many years. Felony also carries many other penalties, such as losing your right to possess firearms that infringe on certain constitutional rights, and you lose out on access to many other government services. So, the felony is something that should be avoided at all costs, if possible.
Has the District Attorney charged you with being a wobbler or non-wobbler?
If the District Attorney charges you with a wobbler, it’s their discretion that means they could have charged you with a misdemeanor, but they chose not to. And so, if you want to make the wobbler turn into a misdemeanor before the case is over, you have two ways of going about it. You can try to negotiate directly with the district attorney, but if they’re indignant and stubborn about it, you can appeal to the court. You can ask the judge to reduce it to a misdemeanor. Under Penal Code Section 17 B, every judge of the superior court in the state of California has the power, authority, and discretion to reduce any wobbler to a misdemeanor if they think the circumstances call for that.
How do judges make that decision?
For some judges, it’s personality-based a lot of time. Some will just do it by informally hearing what the case is about and deciding that they don’t think it’s worth a felony. Some judges will do it at the arraignment’s first court date if they decide that this case should not proceed as a felony.
Some judges will wait to hear some of the evidence to have an official hearing on the case, such as a preliminary hearing, and they will then decide whether the facts, circumstances, and evidence that they’ve heard, consider the victims from whom they’ve heard, consider the defendant’s criminal record. After this, they’ll decide whether they think the case should proceed as a felony or a misdemeanor.
The Judge Has to Think About and I don’t often hear judges articulate this, but this is what I argue to them. They have to think about whether the case proceeds in such a way. Not where the defendants are getting off the hook, because if you do grant 17 B motion, they’ll still face the misdemeanor charge.
Think about whether this is something for which the potential penalty should be prison or if up to a year in the county jail is sufficient. Up to a year in the county jail is a pretty stiff sentence. Just because the crime is not a felony doesn’t mean it can’t be a stiff sentence.
I think it’s really important that most of society wrap its head around that. I think that would result in a far more just administration of justice throughout the state of California if all of our citizens actually understood that, and it would result in a far less penalty-minded state if the judge did not grant a motion under 17 B to reduce the charge to a misdemeanor.
The defendant can always litigate their case can always litigate and fight the case, make the district attorney prove the charges beyond a reasonable doubt, and have it decided by a jury because it’s not just simply a matter of how it should be charged matter of whether can be proven if you didn’t commit the crime. My advice typically is to fight the case and not take any deals.
Reduce the charge to a misdemeanor
Now, if you are convicted of a felony, that’s not the end of it. The 17 B motion can be granted even after a conviction. So, someone who’s been convicted of a felony that’s a wobbler can then petition the court any time for the rest of their life during probation. After probation, they can petition the court to reduce the charge to a misdemeanor.
Court change conviction
A few years ago, there were certain felonies that got changed to misdemeanors under Prop 47 in 2014, and this gave a lot of people who had gone to prison for grand thefts that at the time were under $950. Those people could then petition the court to change those convictions to misdemeanors on their record.
If you served a felony
A prison term for a wobbler, it’s unlikely that a judge would be able to reduce it to a misdemeanor, although, like I said, there are a few exceptions. If you did not do a prison sentence, then it’s best to come to court, and show the court how you have gotten on with your life.
The felony that you were convicted of is an isolated incident. In the past, you’ve been a productive member of society, raised a family, and gone to work. But now this felony conviction is interfering with your ability to prosper and contribute to society. In that situation, courts will often want you to have the ability to move on up in life, to continue to be a productive, contributing member of society.
If the felony conviction is what’s interfering with your ability to participate and from society actually to benefit from your participation, then the court will often grant that 17 B motion. Along with the 17 B motion, the court often grants motions to expunge the convictions. That’s not a motion to make the conviction go away, but it’s a motion that takes the conviction off of your record to the extent that the private sector can see it, such as when background checks are done.
17 B motion
So that’s one way to get a felony off your record as far as the public knows, but it doesn’t get it off your record altogether, the 17 B motion is the most effective way to do it.
Proposition 47
Now, there’s one other way. As I mentioned, in 2014, the voters enacted Proposition 47, which substantially changed laws as regards drug possession for personal use as well as theft. The distinction between grand theft and petty theft arises out of Prop 47. That’s where the $950 threshold came. Before that, it was $400. If you were convicted of a felony, simple drug possession crime prior to 2014, or a theft crime that was between 400 and $950 in value, then you can petition the court to have that old conviction reduced to a misdemeanor, even if you served a prison sentence on it, simply by the fact that, as a matter of law, that crime is just no longer a felony.
Call me today at (415) 837-3449 to schedule a free consultation
If you have been charged with a felony, call me today at (415) 837-3449, you may also email me at contact@hallinanlawfirm.com. I am available 24/7 to answer any questions you might have regarding your case and I will work hard to protect your rights and ensure that you receive the best possible outcome. Please do not hesitate to contact me.
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