Can I reduce my misdemeanor FTA under prop 47, this case was also expunged under pc 1203.4. I was just wondering if I can further reduce/remove this misdemeanor conviction, this was due to HS 11357 citation. Thank You.
Proposition 47 has nothing to do with this issue. Maybe you're confusing it with a marijuana case that was dismissed under Proposition 64?
Either way, you've done all you can by getting the conviction dismissed under Penal Code §1203.4 (sometimes called an expungement, but that term is disfavored). Failure to appear is a crime because you broke your promise to the court that you would show up in court. A person can be acquitted of the underlying offense, but still found guilty of FTA.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
If you have already received a dismissal of your FTA under PC 1230.4, you’ve pretty much done all you can do. A dismissal is better than a reduction, so I’m not sure why you would seek a reduction for a matter that has already been dismissed. Prior to the dismissal, you could potentially have filed a request to have the FTA misdemeanor reduced to an FTA infraction. At this point, however, I don’t think that is an option, nor does it appear to be necessary. If your dismissal was only related to the 11357 charge and not the FTA, you still might have the option of requesting a reduction and/or a dismissal of the FTA by filing the appropriate motion and/ or petition.
NO, you cannot "reduce" a misdemeanor FTA under Prop. 47.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
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