can a felony be reduced to a misdemeanor in nc

", How to Get a Felony Reduced to a Misdemeanor, http://criminal.findlaw.com/criminal-law-basics/what-distinguishes-a-misdemeanor-from-a-felony.html, https://www.lawyers.com/legal-info/criminal/criminal-law-basics/public-defenders.html, http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/plea-bargain.htm, http://moritzlaw.osu.edu/epub/mayhew-hite/2012/05/plea-bargaining-just-as-it-ever-was/, http://litigation.findlaw.com/going-to-court/what-is-a-motion.html, http://www.shouselaw.com/reducing-felony-to-misdmeanor.html, http://www.awmlaw.com/HOW-TO-HAVE-AN-INDIANA-FELONY-CONVICTION-REDUCED-TO-A-MISDEMEANOR.shtml. How Misdemeanor Sentencing Works in North Carolina. Contact the experienced North Carolina criminal defense attorneys at Coastal South Law today to schedule a consultation. Of course, it depends in which state the offense occurred. Noticing a need in the market, Ron wrote and self-published Jobs For Felons 1st Edition which has been shared at numerous inmate facilities and reentry programs across the nation. not having to admit to a felony conviction on a housing, loan, or job application. The aggravating factors are: 1. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Trial: Both sides take turns arguing that the you are guilty or innocent. However, the best time to combat this problem head-on is right now, after you have been charged and before you are convicted. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. The effect that this can have on your professional success, post-conviction, is significant. After researching to assist a family member with finding work, Ron realized that the information he required wasnt reliable. You simply wait until you hear back, and that can take six months or more. Police officers and district attorneys may attend your hearing to object to the expungement of your record. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. Youll pay fees for these documents, which can be expensive, depending on the length and involvement of the trial. In California, reducing a felony to a misdemeanor is different in a couple of ways. received a sentence of probation, rather than a county jail or state prison sentence. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. Because at this point, it may still be possible to negotiate a lower charge or less severe penalties. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. This process can begin as early as the arraignment. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. ", "It told me what and how to get it expunged.". A hearing is then held in court. 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. California law states moral turpitude as grounds for the denial, suspension or revocation of a commission (Government Code 8214.1 [b]). Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. In California, this offense can be charged as a felony. California Penal Code section 1001.36(b) PC. The far-reaching consequences of a felony far surpass those of a misdemeanor. Required documents may include complete transcripts of the proceedings at trial or appeal and complete court records. Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. Once a conviction has been made, it is difficult to mitigate these consequences. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. % of people told us that this article helped them. 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. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. [6] Youll also need to get someone to serve a copy to the prosecutor of your case, such as your local sheriff or someone not involved in the case. It asks the judge to reduce an eligible felony conviction to a misdemeanor. If approved, the defendants criminal background will show a prior misdemeanor offense. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. the court does not think that the defendant poses an unreasonable risk of danger to public safety. Get a deferred sentence. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. There are several factors the court will consider. To learn how to get a certificate of actual innocence, keep reading! The reduction of a felony to a misdemeanor is the decision of the court. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. What was that like and were they successful in getting it reduced to a misdemeanor? % of people told us that this article helped them. A lawyer can then provide the legal advice needed to expunge the criminal charge from their record. There are no black and white rules dictating which felony charges can be reduced to misdemeanors. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Be prepared to explain how you have turned your life around and why you want to have the felony conviction removed from your record. You may also reach us using our online contact form. The terms of probation vary. They can last for years after the sentence has been served. b. Expungement is the process of sealing a criminal record from the public view. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. This article was co-authored by Clinton M. Sandvick, JD, PhD. In this section, we offer solutions for clearing up your prior record. These fees are nonrefundable. The clerks office will have a list of local process-serving companies, and youll have to use one of those. Shouse Law Group has wonderful customer service. There are stories of success and tips for presenting themselves in a favorable light. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. An example of data being processed may be a unique identifier stored in a cookie. Last Updated: January 5, 2021 For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. sex offender registration requirements, if the felony was an eligible sex crime, if the felony was a serious or a violent one that added a strike under, collateral consequences from the federal government, and. Once you have been arrested and the prosecution starts preparing their case against you, additional, damning evidence may be brought to light. Work From Home Jobs For Felons: 7 Best Jobs For 2023. Felons may have difficulty finding a job, renting an apartment or getting higher education. Petitioner has not been convicted of a felony.*. Virginia Misdemeanor Penalties. A reduction to a misdemeanor offense may even be possible after you have already accepted an agreement to plead guilty to a felony charge. Other states use a numbering system going from Class 1, the most serious, to Class 6, the least serious. You generally dont have to do anything if your petition is granted. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. The same is true if the judge sentenced the defendant to probation, but then the defendant violated probation and was sent to jail. Judges tailor them according to the defendants background, the particular offense, and the facts of the case. Can I get a class I felony drug charge reduced to a misdemeanor after completing probation in NC? For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. The benefits will be worth the effort it takes. a. 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 The judge or parole board must decide if youve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, and employment. They were so pleasant and knowledgeable when I contacted them. First, check your states requirements for reducing felonies, since every state is different. If you were convicted of felony simple drug possession (Health and Safety code sections 11350 and 11377) or certain felony theft offenses (see below), prior to November 2014, where the value was not more than $950, you may apply to reduce your felony conviction to a misdemeanor under . In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. The general public may not know about your expunged felony, but law enforcement agencies and courts still have access to that part of your record. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. the defendant suffers from a mental health condition other than: the disorder played a significant role in the commission of the alleged offense. Manage Settings "This was great to help you in obtaining resources for getting the process going. If you want to get your record sealed, which means its hidden from the general public but still exists, you'll have to wait at least a few years after your conviction. becoming ineligible for some professional certifications. Your records will automatically be sealed, although it may take some time for that to happen. difficulties in getting government aid, like student loans or grants. The benefits of reducing a felony offense to a misdemeanor are significant. "Very interesting information to know. You may pay higher insurance premiums or higher interest on credit cards. Multiple charges may be expunged. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. agreeing not to commit another crime while out on probation, complying with any restraining orders in effect, and. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. Visit our California DUI page to learn more. Felony cases in North Carolina typically start out in the District Court, though more serious crimes may be sent directly to Superior Court. Most criminal cases are resolved through plea bargaining. Then, go to the state court or probation office to fill out the appropriate forms. 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. wikiHow marks an article as reader-approved once it receives enough positive feedback. Copyright 2023 Shouse Law Group, A.P.C. The reduction of a felony to a misdemeanor is the decision of the court. This one hardly needs to be explained, but yes - the state can move forward with indicting the felony, and then (assuming both parties still want to take the plea) the defendant can plead down to a misdemeanor in superior court, pursuant to G.S. Is getting legal counsel absolutely necessary? This article has been viewed 594,355 times. 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. If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. There are numerous important benefits in getting a reduction. You should consider talking to a criminal defense attorney if you find the forms or process difficult or have problems obtaining the documents or related information. For all three categories, G.S. 1. For example, in California, you can only get a felony reduced if the offense was a "wobbler." The length of time you have to wait can depend on several factors, including your age and the severity of the crime. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead . Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. We know, though, how important it is to get a felony reduced to a misdemeanor, which is why we work diligently to protect our clients rights and futures throughout the criminal process. Again, court time is precious, and jail space is limited. Generally, the defendant must have been sentenced to probation, without prison time. Documents for sealing your criminal record may be available at a state court or probation office. She received her JD from Indiana University Maurer School of Law in 2006. One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. The board then submits its recommendations to the governors office. These issues can be even more difficult to contend with if you never committed the crime in the first place. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. [1] at the completion of the felony probation period. 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. a qualified mental health expert thinks that the defendant would respond to treatment. The defendant then has to complete the terms of the diversion program. District attorneys have the discretion to choose how to pursue the charge. Some criminal statutes specifically state how long probation will last.4. By using our site, you agree to our. By showing that those facts are not present, defendants can get the criminal charge reduced to a misdemeanor. A 17(b) motion is a court petition. This could easily derail a young persons life. For example, you can be slightly over the limit during a DUI stop and get a . Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. Save my name, email, and website in this browser for the next time I comment. References. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. This article has been viewed 128,328 times. Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. A criminal record with a felony on it will trigger more collateral consequences. Do not pursue a Certificate of Actual Innocence without legal representation. ; Arizona Statute 13-907, which restores "civil rights that were lost or suspended," but does not seal the conviction from the public. These are the ones which carry the longest prison sentences. Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. The prosecutor has to agree to the plea deal. If the state requires you to serve your expungement papers to law enforcement officials, understand that you cannot do this yourself. If you have been charged with a felony, the best thing you can do is hire an experienced North Carolina criminal defense attorney as soon as possible. The earlier on in the process that you retain counsel, the better likelihood that they will be able to get your charges reduced or dismissed, or negotiate a plea bargain that works for you. maintaining stable employment status or being a full-time student. People grossly underestimate the cost and toll that 1 non-violent felony with no victims takes for life. Some misdemeanors become felonies with the addition of certain facts. Definitely recommend! If you have been charged with a felony, in many ways you are fighting for your life and your livelihood. Felons can demonstrate their efforts to live an honest life by doing several things: Seekingexpungement or sealingof their records can help significantly. The hearing may be less formal than a trial, but you should treat it with the same respect. Use tab to navigate through the menu items. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. Some crimes, such as murder, are always considered to be a felony. They tend to be for minor offenses and infractions like: Some diversion programs require the defendant to plead guilty. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. Each states expungement laws are different. They may even petition the court to terminate probation early. In California, you are not eligible if you served time in prison. They divert defendants out of the criminal justice system and into rehabilitation services. However, under North Carolina law, possession of a controlled substance carries misdemeanor or felony charges with the accompanying penalties. The minimum felony sentence is one year in prison. Instead, the outcome will really depend on the unique facts and circumstances of your individual case, including the nature of the alleged crime and any relevant criminal history. 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. Some states do not allow you to expunge felonies at all. the defendant must have been sentenced to a term of probation, rather than to prison. Prosecutors have discretion over which type of charge to file. They often decide based on the facts of the case. 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. Not all convictions can be cleaned up with a Certificate of Rehabilitation. Thanks to all authors for creating a page that has been read 128,328 times. It will no longer list the prior offense as a felony. In the lowest class of felonies are such crimes as possession of a small amount of certain drugs, receiving a stolen firearm, Internet gambling, or sale of child pornography. A charge of statutory rape carries serious criminal penalties, including a listing on the sex-offender registry. State laws generally prohibit a citation from being issued in two common scenarios: The person refuses to sign a written promise to appear or requests to be taken before a judge. 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