can a felony be reduced to a misdemeanor in nc

Thanks to all authors for creating a page that has been read 128,328 times. There typically is no application fee, although you might have to pay for certified copies of orders or transcripts to accompany the application. Plea deals can be finalized at any point up to the trial. In many states, records may be sealed upon request after a certain period of time has elapsed without further review. For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. They can include: The prosecutor may or may not argue against reducing the felony conviction to a misdemeanor. The court will ask why a defendant is seeking a reduction. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Definitely recommend! To complete it, probationers have to follow its rules and complete its requirements for the term of probation. This could easily derail a young persons life. By using our site, you agree to our. Not all convictions can be cleaned up with a Certificate of Rehabilitation. Still, have questions? At Coalter Law, PLLC, attorney Scott Coalter has handled hundreds of criminal cases over his career, helping clients in Greensboro and across the Triad tackle all levels of criminal charges. [6] maintaining stable employment status or being a full-time student. An important benefit is honestly being able to say that they have not been convicted of a felony. the defendants compliance with the terms of probation, including whether the defendant was able to secure an early termination. Generally, a felony can be reduced to a misdemeanor in 4 ways: Through a plea bargain, a diversion program, completion of probation, or by showing that the felony elements of the crime are missing.In California, it can be done through a Penal Code 17(b) motion.Reducing the offense has many benefits, and can help expunge the offense.. What are 4 ways to reduce a felony conviction to a misdemeanor? This process can begin as early as the arraignment. Definitely recommend! If the judge denied probation and imposed a term in confinement, the offense cannot be dropped to a misdemeanor. The waiting period may differ depending on the severity of your crime. You may pay higher insurance premiums or higher interest on credit cards. You may also reach us using our online contact form. Some misdemeanors become felonies with the addition of certain facts. ", "Very informative and written so that the steps are easy to understand. Then, go to the state court or probation office to fill out the appropriate forms. 1. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. 15A-146 contain a bar to relief based on prior expunctions, whether obtained under G.S. Nor does G.S. Identity Theft / Misidentification. In California, you are not eligible if you served time in prison. There are 8 references cited in this article, which can be found at the bottom of the page. Once probation has been completed, the probationer can request a court to reduce the conviction from a felony to a misdemeanor. While there are many factors and circumstances to be considered, it is possible, and hardly uncommon, for a felony charge to be reduced to a misdemeanor or dropped entirely in North Carolina. For example, explain to the judge that you are no longer abusing drugs or alcohol or involved with gangs, if those factored in to your conviction. a qualified mental health expert thinks that the defendant would respond to treatment. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. To remove a felony from your record, look into getting your record sealed or expunged. You must also not be a sex or violent offender, have any other felony convictions, or have any pending criminal charges. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"