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Criminal defense

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?

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Attorney answers 3


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.


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.
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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


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 relationship as this forum does not provide for a confidential communication.



Is there anything I can do or provide any assurance that if the opportunity is given for reduction. I will NEVER do such a lame thing again.