If the charge was a wobbler, a true reduction with a 17(b) motion may be a better way to go instead of a reclassification under Prop 47.
"Immediate" is all relative. The courts are slammed with petitions.
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.
One reason is that Proposition 47 does not restore gun rights. A successful 17(b) motion does.
Any answer given by me on this website is not reliable legal advice because it is based on the limited information posted by the asker. The answer specifically does not establish any attorney/client relationship and is meant solely to give general advice with the hope that the asker has a better understanding of how to proceed with their legal issue.
Private attorneys and public defenders are working overtime filing the petitions. Some court are accepting them with hearing dates, and notice has to be given to the DA in writing. PDs are filing them in the following order or priority: 1. Those presently in custody whose sentences will either be shortened or they will be released; 2. Defendants on probation who can get probation terminated; 3/ Everyone else with past convictions but not on probation, and they have not started filing those yet.
Private attorneys can assess whether reduction under 17b or reduction is best. Your choice how to proceed.
Yes, if you're not eligible for a reduction then why file it?
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.
Getting a reduction immediately is not even close to possible. Courts are overwhelmed with Prop 47 petitions. You should take advantage of a free consultation with a local attorney for some advice on how to proceed. Best of luck.
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