Friday, March 9, 2012
Also, would like to know which California court form do I need to file to have a misdemeanor conviction dismissed? Thank you!|||Just in case anybody wants to argue with you: A felony which is punishable as either a felony or a misdemeanor can be reduced to a misdemeanor at ANY time, so long as a state prison sentence was not imposed (even if suspended). You should find all the forms you need, as well as further information about dismissals, here:
http://www.courts.ca.gov/1070.htm
ADD: Since a DUI is not usually a felony, and the question makes no reference to DUI, I have no idea why Miley is discussing a DUI.|||Call an attorney who specializes in DUI cases in your state. Even if you don't hire the attorney, ask him if it's possible to get your specific charge dropped to a misdemeanor. Try to get a clue from him how he would approach that effort in the jurisdiction of your charge.
Sit down with the prosecutor in your case and ask if it can be reduced to a misdemeanor count. Many times you will find a sympathetic prosecutor who will listen to what you have to say and reduce the charge instantly without having to do anything else. You simply then appear in court and listen to the prosecutor tell the judge that he would like to reduce the charge.
Inspect your ticket for errors. Make sure the dates and addresses are all listed correctly on your DUI ticket. If you can find an error in the charge, many times a prosecutor will reduce the ticket down to a misdemeanor if you just continue on with the case.
Apply for and start attending a DUI assistance course. Start attending it before you even go to court. Take documentation of your effort to improve yourself to the prosecutor and tell him that you want to change on your own. They may be sympathetic and drop the charge to a misdemeanor count.
Tell the judge on the day of court that you would like to have the felony count dropped to a misdemeanor in exchange for a larger misdemeanor sentence. Tell him you would like to avoid having a felony on your record. The judge might just go along with your request.|||It doesn't really work the way you think it does...You can have a felony dropped to a misdemeanor and then have it dismissed by filing the paper right after.|||i would just go to your police station or court house and ask the desk clerk about it that way you don't get the wrong answer here and spend allot of time filling out the wrong paper work cuz that would really suck
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