How would i go about reducing my class c felony to a class a misdemeanor? what form would i fill out? how does it work?
i was convicted of rape in the third degree when i was 19 my victim was 14. no force was used. i was only convicted of rape in the third degree. i was in college the whole duration of my probation and in good standing with my POs. i am 5 years 2 months older than my victim. and completed SO treatment. i am currently on inactive probation until april 2014 in polk county. i was convicted in clackamas county. if you could help or are an attorney who has done this kind of thing before please leave contact information and i wil contact your office and set up and appointment! thank you
5 attorney answers
It is not as simple as just merely filling out a form especially with a crime like that. If you'd like to discuss this further feel free to contact me, our firm represents people in these types of situations, and we have experience with Polk County.
Best of luck,
Siefman & Pond
Contact your state or county bar association and request a referral or use the avvo 'find a lawyer' tab to locate an attorney near you.
FYI--it is not as simple as filling out a form and you should know that it is unlikely you will be able to get it reduced as you describe--that said---see a OR attorney near you IMMEDIATELY (I am NOT a OR attorney).
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
There is no form to fill out. Hire an experienced criminal lawyer and have him contact the prosecutor. Maybe he can persuade them to reduce it based upon numerous potential factors.
You will need the services of an attorney to file a Motion for Earned Misdemeanor Treatment. Be advised that these are not usually granted while a defendant is still under supervision; you should probably wait until you have successfully completed probation before investing money with an attorney. The Court will want to know that you have done everything you were supposed to do on probation before they reduce the crime. It's important to know that even if you earn misdemeanor treatment, you are still considered a convicted felon for purposes of the prohibition on owning firearms. In other words, do not possess a gun unless and until your firearm rights have been fully restored.
Providing this information does not establish and attorney-client relationship. If you are facing a criminal charge, you should immediately obtain counsel. If you cannot afford to hire a lawyer, the court will appoint one to assist you.
In addition to what was said by Laura - reduction to a misdemeanor will likely not make this an expungable conviction, and you will still have to deal with SO registration. There is a separate process for getting relief from SO reporting requirements and you should consult an attorney about that issue as well.