Disclaimer: Because laws and procedures frequently change, and because some skill may be needed to adapt the samples to fit your situation, we do not guarantee our packets will meet your needs and highly recommend you go to the books listed below and do your own research or consult an attorney.
The “Motion to Reduce Felony to Misdemeanor” samples in this guide are based on the instructions and sample forms included in:
Edward A. Rucker and Mark E. Overland, California Criminal Practice, Motions, Jury Instructions and Sentencing, “Probation”. Eagan, MN: Thomson/West. Located at KFC 1155.A65 R8
California Criminal Law Forms Manual, “Defense Motion to Reduce Felony to Misdemeanor After Probation Granted (Pen C §17(b)(3),” §41.6 Oakland, CA: Continuing Education of the Bar. Located at KFC1155 .C343 Forms.
Penal Code §17(b) authorizes the reduction of “wobbler” offenses as defined by Penal Code §1170(h). A wobbler offense may be reduced to a misdemeanor upon imposition of a punishment other than state prison (Penal Code §17(b)(1)) or by declaration as a misdemeanor after a grant of probation (Penal Code §17(b)(3)).
Use this motion if you want to have the Court reduce your Felony to a Misdemeanor. Read the information under the "Motion Procedure and Instructions" tab. Prepare the following documents:
2. Declaration in Support of Motion
3. Points and Authorities in Support of Motion
*Please see the Intro and Overview tab for additional information regarding the proposed order.
Use the checklist below to help keep track of steps to complete and procedures to follow:
►Draft the following documents: (1) Notice of Motion; (2) Declaration in Support of Motion; (3) Points and Authorities in Support of Motion; (4) Order.
►Sign the original motion. Make two copies of the motion, so you have an original and two copies.
►File your motion with the court. Have the court clerk file stamp all three copies of your motion.
►Fill out a Proof of Service form. Have a friend deliver or mail a copy of the motion and Proof of Service form to the prosecutor’s office. Have your friend sign the Proof of Service form.
►Make a copy of the signed Proof of Service form. File one of the signed Proof of Service forms with the court and keep one for your records.
►Attend the hearing on your motion. Bring your motion and file stamped Proof of Service to the hearing.
When you go to court, you will want to observe some basic behavior and dress code. Find out more here.
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