Felony Reduction to a Misdemeanor
This question involves the law of the State of California.
Client pleads guilty to a felony in California and is placed on probation. Client and the D.A. enter into an agreement accepted by the Court that upon successful completion of the probation client can receive a 17b reduction to a misdemeanor.
Client successfully completes probation and years later is charged under Arkansas' felon in possession of firearm law. There is no record of the California offense being reduced to a misdemeanor and it would not appear that doing so now would affect client's status at the time the felon in possession of firearm charge occurred.
It is my understanding that the reduction is not automatic but that a motion/petition must be filed with the sentencing court and the relief must be granted before any reduction would become effective. Any thoughts or suggestions?
Re: Felony Reduction to Misdemeanor; California
See what you can do in California to get the charge reduced now, and then see if you can get some sympathy from the prosecutor in Arkansas based on the good faith belief that the conviction charge had already been reduced.
Re: Felony Reduction to Misdemeanor; California
Mr. K., thanks for the response. In addition to your suggestion I may be able to incorporate the same theme into a mistake of law defense if we end up proceeding to trial.
As an aside, at our plea review the judge seemed sympathetic to the client's plight which can work in the client's favor in negotiations with the prosecutor.