Criminal defense

Asked over 1 year ago - Cerritos, CA

what can one do in order to make sure that sales of controlled substance is reduced to a misdemeanor after probation and all the fees, restitution are served and paid. is there any option can the convict do so the felony is lowered later. does the judge have discretion in that or the prosecutor does?

Attorney answers (3)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14

    4

    Lawyers agree

    Answered . If the charge is Health and Safety Code Section 11378 for sales of methamphetamine, nothing, because the charge is not subject to reduction to a misdemeanor. However, after at least one year if all fines and fees are paid probation may be able to be terminated early, or, after probation, the case can be expunged under certain circumstances. Consult with an attorney who handles post-conviction relief and clears up criminal records. good luck.

    www.losangelesdefenders.com

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is unlikely that a sales charge will be reduced to a misdemeanor after probation. Your opportunity to have it reduced is before the plea. The judge cannot change the complaint/information, but can reduce the charges at the preliminary hearing. Otherwise it is at the discretion of the prosecutor. Good luck.

    www.Clearing-Criminal-Records.com
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Sales of any controlled substance is a felony, perod. The court is without any authority to reduce the charge to a misdemeanor. The only way that the charge can becoe a misdemeanor is if the prosecutor agrees to a charge that is capable of being a misdemeanor.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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