DUI arrests don't always lead to convictions in court. Get the charges reduced. Talking to an experienced criminal defense attorney will give you the best sense of your options moving forward, and can help you come up with a customized game plan to ensure the best possible outcome in your case. Crimes which fall within the lowest classification may qualify for some type of adjudicated sentence. There are 8 references cited in this article, which can be found at the bottom of the page. Chapter 15A-145.4 of the North Carolina General Statutes applies to all felonies and misdemeanors with the following exceptions: Class A through G felonies; A felony that includes assault as an essential element of the offense At the hearing, the judge will hear testimony from witnesses about your conduct while incarcerated and while on parole, as well as your subsequent rehabilitation. This form is encrypted and protected by attorney-client confidentiality. Those rules depend on the underlying conviction. This article has been viewed 594,355 times. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. The benefits of reducing a felony offense to a misdemeanor are significant. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. A reduction to a misdemeanor offense may even be possible after you have already accepted an agreement to plead guilty to a felony charge. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Most states dont allow expungement of serious, violent felonies. A hearing is then held in court. Some states never allow convictions to be expunged, or sealed from view. Include your email address to get a message when this question is answered. You may be able to talk to someone in the public defenders office or even the attorney who handled your case originally. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Last Updated: January 5, 2021 Thanks to all authors for creating a page that has been read 594,355 times. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Doing the things that it will take to reach that goal and getting that felony reduced will be challenging, but what hasnt been since leaving prison? Spousal battery (Penal Code 243 PC) is a misdemeanor. 1. "Reading the information helped me see the steps I need to take to help myself in a case against me.". having to admit to a prior felony conviction on job applications or apartment applications. This is essential in getting a job, housing, and obtaining a loan. If your petition is denied, youll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed. A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. Please complete the form below and we will contact you momentarily. Felony charge or misdemeanor charge was disposed of by a dismissal, finding of not guilty, or finding of not responsible. For example, if youve been working for the same employer since you were released or have earned an associate degree, documentation of these accomplishments should accompany your petition. A felony conviction can affect nearly all aspects of a persons life, from their ability to drive and vote, to their housing and employment prospects not to mention jail time, fines, and other more immediate penalties. This means it can be resolved earlier. Offenses such as aggravated battery, spousal battery, grand theft, and possession of a controlled substance, are examples of wobblers. While there are many factors and circumstances to be considered, it is possible, and hardly uncommon, for a felony charge to be reduced to a misdemeanor or dropped entirely in North Carolina. Other states allow certain offenses to be expunged, but not others. Doctor of Law, University of Wisconsin-Madison. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/b3\/Conduct-Research-Step-19.jpg\/v4-460px-Conduct-Research-Step-19.jpg","bigUrl":"\/images\/thumb\/b\/b3\/Conduct-Research-Step-19.jpg\/aid1303155-v4-728px-Conduct-Research-Step-19.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
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\n<\/p><\/div>"}. This is when felon applicants can make their case. Misdemeanors are also divided into categories depending on the seriousness of each crime. The prosecutor has to agree to the plea deal. Child Abuse Penalties and Sentences. A criminal record can affect job, immigration, licensing and even housing opportunities. A criminal defense lawyer from a local law firm can help convicted felons drop a felony conviction to a misdemeanor. For instance, killing another motorist while driving drunk if you have two previous DUIs is unlikely to be reduced, as this is a demonstrated pattern of dangerous and illegal behavior, which has now escalated to fatal harm. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. Some states do not allow you to expunge felonies at all. Do not pursue a Certificate of Actual Innocence without legal representation. completing treatment programs, often for sex crimes. However, a notice will be added, stating that youve been pardoned (forgiven) for committing the crime. A skilled criminal defense attorney can file a 17(b) motion and begin the process. In these states, misdemeanors are far more likely to be eligible for an expungement. Petitioner has not been convicted of a felony.*. Wobblers can be charged as either a misdemeanor or as a felony. The far-reaching consequences of a felony far surpass those of a misdemeanor. This way, the millions of NC residents with criminal convictions can clear their records faster. at the completion of the felony probation period. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing. The reduction of a felony to a misdemeanor is the decision of the court. There are several factors the court will consider. the defendant consents to diversion and agrees to comply with the terms of the treatment, the defendant waives his or her right to a speedy trial, and. Each state has the responsibility for the classification of felonies, ranging from the most serious down to those considered to be the least severe. Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. The waiting period doesnt start until after youve finished all aspects of your sentence. To remove a felony from your record, look into getting your record sealed or expunged. Identity Theft / Misidentification. 414 Chestnut St, Unit 303. ? Se Habla espaol. The judge will then suspend the sentence. For all three categories, G.S. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. This part deals with North Carolina procedures for restoration of the right to possess a firearm after conviction of a nonviolent felony (see Table 27).The restoration procedure, in G.S. What felony charges can be dropped to a misdemeanor? For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced. It will no longer list the prior offense as a felony. Can You Get A Felony Reduced To A Misdemeanor? They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. In most states, the 4 ways to reduce a felony conviction to a misdemeanor offense are to: In some cases, criminal defendants can get a felony charge reduced to a misdemeanor by pleading guilty to the lesser offense. We do not handle any of the following cases: And we do not handle any cases outside of California. A misdemeanor is a less serious crime than a felony. agreeing not to commit any other laws while on probation. A previous expunction does not disqualify a person from expunging a subsequent criminal record. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. The clerks office will have a list of local process-serving companies, and youll have to use one of those. Generally, the defendant must have been sentenced to probation, without prison time. Home Legal Can You Get A Felony Reduced To A Misdemeanor? the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. Before a felony can be reduced to a misdemeanor, it needs to first be a violation considered a crime which allows "wiggle room," as in, one that is eligible for a misdemeanor charge in the first place. For a felony conviction, there are the loss of typical rights, such as the right to vote, own or possess a firearm, and hold public office. Straight felonies those that cannot be prosecuted as a misdemeanor are not eligible for a reduction.3. ", "It told me what and how to get it expunged.". Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. Still, have questions? Some states use a letter classification system for felonies, ranging from Class A, the highest, to Class D or E, depending on how many categories that state uses. Don's attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. Thanks to all authors for creating a page that has been read 128,328 times. During discovery, Don's attorney finds out that Walt has always hated Don. DUI arrests don't always lead to convictions in court. ", "Thanks for the help and quick, straight-to-the-point information. Felonies are serious offenses. "Very interesting information to know. For example, you can be slightly over the limit during a DUI stop and get a . The legal help you need to put your past behind you. In many states, records may be sealed upon request after a certain period of time has elapsed without further review. Misdemeanors are far more likely to be overlooked or disregarded. We sometimes earn affiliate links when you click through the affiliate links on our website. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. 3. Include your email address to get a message when this question is answered. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. Felons' lawyers will file a motion with the court to have the felony reduced. maintaining stable employment status or being a full-time student. "Wobbler" Example. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. in Indiana, you must wait three years after finishing your sentence before you apply. Below the level of felonies, of course, are misdemeanors. Again, court time is precious, and jail space is limited. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
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