We can't afford a lawyer n plus they have told him if he missed 1 more class then he would end up doing the time which would be 8 months.so how does he chose file for 47?an if he does go to jail for prop 36 would he be able to file for 47 while he is in jail?
If you cannot afford an attorney, then you may want to contact the Public Defenders Office. Go online or go to the clerks office at the courthouse and get a Prop 47 petition (it's 1 page). Fill it out and attach a proof of service - you must serve the prosecuting agency. You file the petition and proof of service with the court and they will schedule a court date.
Then get a public defender. Filing for a reduction is a fairly straight forward petition. Forms are available on the court's website.
He should either get his case on calendar and in front of the judge to request the misdemeanor or the next time he is in court he can make the request.
Why doesn't he have a lawyer on the original case? Don't tell me it's because of money - that's why there are public defenders.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
If you can't afford an attorney, you will receive a public defender. They will require you to fill out some paperwork to verify you are financially eligible for a public defender, and then they will file a prop 47 petition on your behalf. The interaction between prop 47 and prop 36 require knowledge of the specific facts of your case, and your public defender will be the one to provide you with that answer.
Contact the public defender for your county. It's a simple as filing a petition--a one page form available on most county superior court websites. Good luck. Realize that Prop. 47 is NOT a cure all.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
contact the public defender he had and the Sacramento Public Defender's office will help process his Prop 47, if he is eligible.
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