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Like my previous article which dealt wich took a break from the DUI series, this blog will be looking at some recent cases and case studies dealing with reductions of Felony cases to Misdemeanors. 

As a former probation officer deputy district attorney and adjunct criminology instruction  I know the ins and outs of the system.  I would like to go over a key difference as to first reductions per prop 47 and reductions per 17 b of the Penal Code and reductions per 1203.4. 

 

First a key thing which has come up in a recent case is that  a reduction per prop 47 does not give you right back to own or possess a firearm.  Now this is tricky because even though a reduction per 17 b could be construed to fully give back your rights to a firearm this could be a more difficult question and should be discussed with an experienced criminal defense attorney. 

But for certain a reduction per prop 47 does not have the affect of giving rights back to own or possess a firearm. 

 

REDUCTION PER 17B

A Felony reduction per 17b is available for people that were convicted of a Felony that is a wobbler ( could have been charged as a misdemeanor or a felony) and where you did not go to prison for the Felony.  After the completion of probation and if you have fulfilled all the terms you can file a motion to have your charge declared a misdemeanor. 

EXPUNGEMENT

You can also under Penal Code section 1203.4 move the court to expunge your record.  This means the court will move to have the case declared a misdemeanor and have the plea guilty withdrawn and a not guilty plea entered and most importantly update your arrest record to show  an expungement.  this could have many good affects including making it easier for employment military service etc.

If you have question you could call our office and we could sit down with you so that you could understand all of the ins and outs of such a program, and the different options that you could pursue.  Having recently done several of these cases and with the knowlege that every case is different, I can tell you that having these cases reduced can also help with your immigration status.  If this is something you would like to pursue give us a call at 559441-1418. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
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Fresno, CA 93704
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