How to have a non violent felony reduced to a misdemeanor using Proposition 47?

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was found in possession of drug first time and was given a felony, also asking same question also non violent offense given a felony non first time

Attorney Answers

7
Jay Finnecy ·
Nobody knows how this will work yet. Be patient. Continue your case until the details are worked out.
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Kiarash Feyzjou ·
I would recommend that you still contact an attorney and discuss your case. Each county is dealing with applications for reductions different, however, it may be a good time to get started with a free consultation and get an idea as to whether or not you qualify and what documents need to be gathered.
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Michael Cernyar ·
I don't believe anything is in place today. Try again in a week.
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Jeffrey Moriarty ·
A felony drug possession is likely eligible for a reduction to a misdemeanor. A non-violent offense is not as clear. Additionally, if both offenses qualify, which is questionable, the individual convicted must not also be convicted of any other serious/violent crimes. Depending on whether you are still serving your sentence will determine the proper course of action. If you are still serving, you will have to petition the court for a recall of sentence, have a hearing in front a judge and show you are not an unreasonable risk of danger to society. If you have completed your sentence, you may file an application before the court to have their felony conviction designated as a misdemeanor. This is brand new law that went into effect today, so the waters are somewhat murky, besides the new Penal Codes that were enacted as a result of the proposition. I highly advise contacting an attorney with specific knowledge of prop 47 to determine your next steps.
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uzanne Marie FergusonCriminal Defense AttorneyTemecula, CA ·
Each county is dealing with the petitions a bit differently, I would imagine. Just last night I received instructions issued from the Orange County courts on how to proceed but I don't believe Riverside has reached that point. This, however, like all legal issues, are better handled by an attorney. Consult with one, for sure.
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