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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111673
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What is the argument to go from 1244A to 1244B (Misdemeanor

Customer Question

What is the argument to go from 1244A to 1244B (Misdemeanor A conviction instead of Felony when both are misdemeanor time for felony charge/conviction). I had possession less than a gram over a year ago, 2 MTR's which the first was dropped after 90 day private rehab and IOP and the second because of a bogus arrest they finally gave up on when I had a hit and run so now they have offered 60 days (serve 20-30 hopefully) and felony Conviction, which is a 1244A. I would like to know how to push the prosecutor to a B. My lawyer spoke with the prosecutor and the prosecutor "was hesitant but said he'd think about it". Someone said the argument would be: since non-violent and rehabilitation is likely at the lesser offense (but what shows rehabilitation is likely or MORE likely (I suppose it would have to be "more" likely to hold). So anybody? OR ANOTHER ARGUMENT WOUDL BE GREAT AS WELL AS THE EXPANSION ON THAT!!!
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 months ago.
If it costs for the phone call I do not, this is during free trial of 7 day highest price membership, so i dn if it includes that maybe not
Customer: replied 5 months ago.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A phone call is not necessary, it is just an offer made by the site.

The best way to push the prosecutor to agree to a 12.44b prosecution is to demonstrate to the prosecutor that you will take meaningful steps to insure that you will not have any further violations. So, someone telling you that rehabilitation is more likely is pretty much correct, but it means you need to consider enrolling in a substance abuse program and continuing on a rehabilitation program to show the prosecutor you are serious about not having any further drug violations and you seriously want to put that behind you. Enrolling in some type of educational program also helps convince the prosecutor that you are seeking to get your life back on track to avoid any further drug use and violations. The prosecutors decide these matters generally on the strength of their belief that the defendant is serious about no longer getting involved with drugs, so if you can show them that then the argument that the felony would harm your chances of complete rehabilitation and it would be better for society as a whole to drop the prosecution to a misdemeanor to allow you a meaningful chance at getting your life back on track.

Customer: replied 5 months ago.
Nobody has answered I need a refund!!!
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply. You may have missed the reply above, but you did receive a reply. Did you have further questions, if so please ask them.

Customer: replied 5 months ago.
Why isn't an answering showing when it says someone answered
Expert:  Law Educator, Esq. replied 5 months ago.

I really do not know the answer to that question, as the experts are not employees of this site and do not see the same thing the customers see, but please contact customer service at***@******.*** and ask them why you cannot see the replies.

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