View Full Version : can a felony be over-turned to a misdemeanor


Foryst57
01-21-2010, 10:19 PM
ON 9/23/06 a girlfriend set me up on a felony domestic violence, never in trouble with the law prior. it happened when i was 54, i am 58 and it is jan.21,2010. i served 53 weeks at calipatria state prison and was released 9-30-07. i was off parole 10-04-2008. can i get this changed to a misdemeanor? OR can i get this exonerated? my bail was 1.3 million dollars and could not afford an attorney, so ,being innocent and faith in our system i went with a public defender.wrong choice, i had to plea bargain with the court.. i got 2 years with half time and a strick..she said i made terriost threats. is their any chance. i had a perfect career, now i can't find a job which i have done for over 30 years. i am in palm desert,ca. just outside of palm springs,ca. riverside county has no programs for ex-offenders ,thanks to our Governor.. any ideas???? thank you.. Ralph.

Gryphon
01-21-2010, 11:53 PM
In CA:
I think you can seek relief under PC 1203.4 (if I'm wrong on the section it is 1203.3), Certificate of Rehabilitation.
You can't do a PC 17b, which reduces felonies to misdemeanors.
In reality, I don't think 1203.4 will do much to help your employment problems.
In theory, the Governor can get rid of hat conviction. I'm told that there's no hope for anything other than long ago drug possession cases.
ON 9/23/06 a girlfriend set me up on a felony domestic violence, never in trouble with the law prior. it happened when i was 54, i am 58 and it is jan.21,2010. i served 53 weeks at calipatria state prison and was released 9-30-07. i was off parole 10-04-2008. can i get this changed to a misdemeanor? OR can i get this exonerated? my bail was 1.3 million dollars and could not afford an attorney, so ,being innocent and faith in our system i went with a public defender.wrong choice, i had to plea bargain with the court.. i got 2 years with half time and a strick..she said i made terriost threats. is their any chance. i had a perfect career, now i can't find a job which i have done for over 30 years. i am in palm desert,ca. just outside of palm springs,ca. riverside county has no programs for ex-offenders ,thanks to our Governor.. any ideas???? thank you.. Ralph.

South Bay
01-22-2010, 06:30 PM
on 9/23/2006 i was set-up on a felony domestic violence and on 9/30/2007 i was released from Calipatria State Prison. 10/4/2008 off parole. any chance of getting this dropped to a misdemeanor?? I have a trade of industrial maintenance mechanic of over 30 years and wherever i apply they would hire me ,then the criminal background check and i am out..never thought it would affect me in that respect..any suggestions?? put my trust in the legal system with a public deffender,could not afford an attorney.bail was 1.3 million.

In CA, once a person has served a term in state prison for the commission of a felony, it remains a felony. The only exception is to obtain a pardon from the Governor. The process is extremely difficult, and pardons are rarely granted.

Further details about pardons may be found in these links: http://gov.ca.gov/pdf/interact/how_to_apply_for_a_pardon.pdf (http://gov.ca.gov/pdf/interact/how_to_apply_for_a_pardon.pdf)

And a press release from Governor Schwarzenegger in 2004 proudly announced his pardons of three individuals separately convicted of drug sales or possession in the 70's, all of whom have remained out of trouble for 25 years or more. See: http://gov.ca.gov/press-release/2421/ (http://gov.ca.gov/press-release/2421/).

According to the press release, here's the record of pardons for the past few CA Governors:

Governor Davis: none
Governor Wilson: 13
Governor Deukmejian: 328
Governor Brown: 403
Governor Reagan: 575

For further info, the book "How to Seal Your Juvenile & Criminal Records in California: Legal Remedies to Clean Up Your Past" may be consulted. It's available through most libraries, and carries the ISBNs:

ISBN 10: 0873375661 or 0-87337-566-1
ISBN 13: 9780873375665

Persons convicted of felonies who were granted probation and/or served time in county jail only, are eligible to have certain felonies reduced to misdemeanors and/or dismissed. The above book has the full details.

You can also Google the words California expungement, and see for yourself the situation facing felons who served time in a CA state prison.

Lastly, here's an interesting article showing that the expungement process sometimes offers no real help for certain convictions in CA: http://www.criminalattorney.com/news/california-expungement/ (http://www.criminalattorney.com/news/california-expungement/)

South Bay Scott

hope53
06-17-2010, 02:37 PM
Is this only in CA? Can you do a PC 17b in nc to reduce a felony to a misdemeanor?

Colorado_Lawyer
06-17-2010, 05:56 PM
Every state has different rules and procedures. In general, it is very difficult to have a felony charge just reduced to a misdemeanor unless it was due to a successful direct appeal of the conviction (which is not going to do the OP any good.) I have cases where the appellate court found the evidence insufficient as a matter of law to support a felony conviction, and ordered the conviction reduced to a misdemeanor. But, this usually comes up in theft or assault cases, where the evidence was not there beyond a reasonable doubt to support the felony charge, but sufficient to support a conviction for a lesser included offense.

Is this only in CA? Can you do a PC 17b in nc to reduce a felony to a misdemeanor?

mama2princesses
06-29-2010, 11:58 PM
what was your actual charge if I may ask? We are in CA too and going through something very similar. My boyfriend is in county jail on a plea because he couldnt afford to keep fighting and everytime he went back to court there were more felonies that he didnt commit. He got two felony charges for being in his home... his ex would drive by and call the cops and get him arrested. Then he got two for driving places. He never saw his ex.... and he was NO WHERE near their homes... both times he was leaving his subdivision but they took pics and from where they were parked to where he drove by was less than 300 feet so pop another felony. They admitted in police reports things that were illegal and breaking the restraining orders that they have yet nothing was done. It was a witch hunt and he felt that the plea was the best way to move on, get this past him so he could see his child again.

WELLLLL his lawyer told him he was pleaing no contest to a 422 (threaten with intent to terrorize) because he admits he told this man that he was going to kick his a$$ after this man repeatedly told him that he was going to kill him. The lawyer said he would do two months and then probation then all clear. well his lawyer didnt tell him (but did give my man copies of the plea a month before so my man could have looked it up. he is more trusting to lawyers than I am I guess) that there was an enhancement on the felony. I read the wording on the enhancement and it makes the felony a strike... and it words it as a serious felony and goes on to describe murder, rape, etc... NOTHING close to saying he was going to kick someones butt and I'm afraid its going to affect him MAJORLY in the future custody battles and work. I looked into the issue and was told since he did the plea there is really NOTHING he can do. This thread is kind of giving me hope that there is..... ?

Sorry so long winded. It just sounded like a similar charge since you said the terrorist threats part so I thought I would add or story for what its worth

Colorado_Lawyer
06-30-2010, 03:09 AM
It is possible to withdraw a guilty plea, but it is an uphill battle. In your boyfriend's case, there is a possibility that he was so misadvised by the inadequate advice of his counsel that his plea was not knowing, intelligent or voluntary. Scroll up to Gryphon's first post to see the procedure you have to follow in California to get the ball rolling for post conviction relief.

However, you are not filing the motion to "change" the felony into a misdemeanor. That does not happen, except by order of the appellate courts if there was a direct appeal. In a guilty plea case, the defendant files a post conviction motion to withdraw the guilty plea (usually on the grounds of ineffective assistance), and if successful, the conviction is vacated and all the original charges are reinstated and he is back to where he started before he pled guilty: facing trial on all original charges with the opportunity to obtain an acquittal at trial or renegotiate a different plea bargain with the DA.

what was your actual charge if I may ask? We are in CA too and going through something very similar. My boyfriend is in county jail on a plea because he couldnt afford to keep fighting and everytime he went back to court there were more felonies that he didnt commit. He got two felony charges for being in his home... his ex would drive by and call the cops and get him arrested. Then he got two for driving places. He never saw his ex.... and he was NO WHERE near their homes... both times he was leaving his subdivision but they took pics and from where they were parked to where he drove by was less than 300 feet so pop another felony. They admitted in police reports things that were illegal and breaking the restraining orders that they have yet nothing was done. It was a witch hunt and he felt that the plea was the best way to move on, get this past him so he could see his child again.

WELLLLL his lawyer told him he was pleaing no contest to a 422 (threaten with intent to terrorize) because he admits he told this man that he was going to kick his a$$ after this man repeatedly told him that he was going to kill him. The lawyer said he would do two months and then probation then all clear. well his lawyer didnt tell him (but did give my man copies of the plea a month before so my man could have looked it up. he is more trusting to lawyers than I am I guess) that there was an enhancement on the felony. I read the wording on the enhancement and it makes the felony a strike... and it words it as a serious felony and goes on to describe murder, rape, etc... NOTHING close to saying he was going to kick someones butt and I'm afraid its going to affect him MAJORLY in the future custody battles and work. I looked into the issue and was told since he did the plea there is really NOTHING he can do. This thread is kind of giving me hope that there is..... ?

Sorry so long winded. It just sounded like a similar charge since you said the terrorist threats part so I thought I would add or story for what its worth

mama2princesses
07-01-2010, 08:23 PM
yes I have read the above and have it printed out. Thank you for the info. We have found a better lawyer from several recommendations by sherrifs (LOL) and we are planning on trying to have him complete the two 52 week classes as ordered by the judge, pay all his fines/restitution then get the lawyer to advise him and guide him on the process to hopefully get it to a misdemeanor. The legal aid at the court house also said that if it is granted that probation will be ended early as well. we are holding hope to this as my boyfriend committed no crime that comes close to what the enhancement says!.. It is enhancement 1192.7(c)