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I contacted an attorney for prop 47 reduction and they said they could just walk into the court and take care of it on the spot.
Anonymous4 views6 answers
Upon conducting some research i found out the court along with the district attorney had to be served with an application, upon receiving a response fro the d.a. i will receive a notification from the court of the outcome. Is there something I am missing about getting it done on the spot with a walk-in, or is this attorney simply mis educated or lying to me? Is there a way I can go into the court an expedite the process rather than waiting for the D.A. to get back to the court and waiting for the court to review my case? Can an attorney help getting this done faster than doing it myself?
That would depend on the attorney, local court proceedures and the DA. If you already spoke to attorney who practices in the courthouse where the case was originally heard, S/he would know best. Prop 47 is still being worked out. While everyone agrees that those who meet the criteria can get the bnefit of it, the where, when and how to access it still need to be worked out.
You should have an attorney review and work on this for you to make sure everything runs smooth. Good luck!
Many Los Angeles courts are accepting motions filed by private attorneys and the public defender with copies served on the District Attorneys office. At the hearing, the court asks the DA if they have an objection, and if they do not, the motion is granted. The public defender is filing many petitions for persons presently in custody who will be released when the motion is granted,, and they get top priority.
Mr Gross 's answers spot on on with regards to the Los Angeles courts. Mr piper is correct when it comes to the northern counties where we practice. Schedule a couple of free consultations. Good luck. Hope this helps?
A better option would be to file a PC 1203.4 motion concurrently with the Prop 47 petition and get both handled at the same time (reduction to a misdemeanor and dismiss your conviction). However, formally, you must serve the DA's office with sufficient notice and give them time to run your rap sheet.
If you walk your case in, and it's a simple drug possession, then the DA might not object to lack of notice since the only amount of work involves running a background check, which takes a few minutes.
But if your case involves commercial burglary (felony), the DA would need to pull your file to determine if your offense occurred during business hours to make you eligible for Prop 47 relief. It's possible the DA's file may be in archives which takes a few days to get to their office (depending how only your case is).
The best way is to file your petition with the court have the DA's office served. Contact an attorney to discuss this more. Best of luck!
As my colleagues have stated, each jurisdiction has their own forms right now and each court handles them differently. In Ventura, they are not requiring anything in writing, you can orally ask the Judge to reduce it and the DA often submits once they run a rap sheet. Of course, if your case is not on calendar for anything, an attorney is going to charge more to file a Motion and calendar it as soon as possible. In that regard, an attorney can get it done faster. Or you can get the form on line in LA and file it yourself; just like i could change my oil, but i would screw it up and need a mechanic.
