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My girlfriend has two misdemeanor charges from the past

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for petty theft and one...
My girlfriend has two misdemeanor charges from the past for petty theft and one felony for I'd theft. Now she picked up a p.c. 496D(a) and the value is under 950.00 now she is being told it's still a felony because of her past record. She signs a plea on the 22nd, for a year . Can she get it dropped to a misdemeanor under the new law here in CA
Submitted: 1 year ago.Category: Criminal Law
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Answered in 4 minutes by:
6/2/2016
Criminal Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Unfortunately, generally, someone who already has previous felony conviction would generally not be eligible to have another / new felony conviction dropped to misdemeanor under the current law.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

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Customer reply replied 1 year ago
I guess i needed to explain it different. In california a law was paased called prop 47 which changed the way a defendent is to be sentenced. Apply to non-violent offenders. The question is really how do people with a record a mile long get a better deal than to a person with nothing. Thanks though.
Criminal Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Unfortunately, each criminal case in unique and the plea deal is offered based on many different cases in each specific case.

These factors include facts of the alleged crime, evidence that the state prosecutor has against the defendant, defendant's past criminal record, etc...

Unfortunately, Proposition 47 generally only applies to the first time offenders, who do not have past felony convictions or have been convicted of the same crime before and because before Proposition 47 is applied to reduce felony to misdemeanor a thorough review of the defendant's prior criminal history has to be done and the prosecutor would make such determination whether to reduce the charge from felony to misdemeanor.

So, in most cases, the only way to obtain best possible outcome, is to hire an experienced and prominent local criminal defense attorney and to let this attorney fight for your girlfriend's rights.

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

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Criminal Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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Criminal Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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Alex J. Esq.
Alex J. Esq.
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