Could you be eligible for a Felony Reduction or Reclassification?
Demonstration of Reform
Generally, a Judge will be willing to order a reduction if it can be demonstrated that such relief should be granted in light of the conduct underlying the case, the defendant’s efforts towards reform, and the reasons the reduction is needed.
The process to apply for a reduction involves filing a noticed motion with the court and setting a hearing for a Judge to rule on the motion.
What Happens After the Motion is Filed?
After the motion is filed it must be served on the Office of the District Attorney and the Probation Department in most cases. The Office of the District Attorney may or may not file a motion in opposition. As such, it is important to persuasively outline the law and reasons the request should be granted – not only for the Judge – but also for the prosecutor; if the prosecutor does not oppose the motion, it is much more likely the Judge will grant it.
How Long Does a Notice Motion Take?
In San Diego County, these types of motions are generally set about three to five weeks from the date of filing depending on the court’s calendar.
In some case where it is critical that the court consider the reduction as soon as possible, an ex parte request for an order shortening time can be made.
Reclassification of Charges
Not all felonies are “wobblers” that can be reduced; however, the passage of Proposition 47 in November of 2014 reclassified many criminal offenses. Some “straight felonies” are now “wobblers,” and some crimes that were “wobblers” are now straight misdemeanors. Accordingly, some cases that were not reducible in the past (drug possession cases in particular) can now be reduced, and some cases must be reduced under this new law.
Would you like to know if you are eligible for a reduction? For a free consultation, “Contact Us;” an attorney will evaluate your case and explain the steps required to apply for a reclassification or misdemeanor reduction. – Contact Us Today