- 1). You must have been convicted of a "wobbler," a crime that can either be tried as a felony or a misdemeanor. Wobblers include assault with firearm and child abandonment.
- 2). You must have pleaded guilty or no contest to the charges. People who pleaded innocent and then were found guilty are not eligible for the reduction from felony to misdemeanor.
- 3). You must have been given a probationary sentence. If probation was denied when you were convicted, you are not eligible for the reduction to a misdemeanor.
- 4). If you fulfill these conditions, file a petition or formal motion in the county where your conviction occurred.
- 5). File the motion with the court clerk. The clerk will then set a date for a hearing and send a copy of the motion to the district attorney.
- 6). Attend your hearing with or without a lawyer, and let the judge consider your case. It is ultimately up to the judge to determine whether your felony will be reduced to a misdemeanor.
SHARE
