can a felony be reduced to a misdemeanor in nc

being granted my freedoms once again. 15A-146 or other statutes. Documents for sealing your criminal record may be available at a state court or probation office. Last Updated: November 19, 2022 A "wobbler" is an offense that may be prosecuted as a felony or as a misdemeanor. Some common collateral consequences that come with a felony conviction, but not with a misdemeanor conviction, include: These collateral consequences of a conviction can make life difficult. DUI arrests don't always lead to convictions in court. It was me against 9 others in my own home. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. Possibly. Other common felony crimes include theft, burglary, aggravated robbery, and aggravated assault. Approved. This form should be available from the clerk's office. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. "Very interesting information to know. Research source If you have been charged with a felony, the best thing you can do is hire an experienced North Carolina criminal defense attorney as soon as possible. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. This may only be an option for certain criminal offenses. Identity Theft / Misidentification. For any further questions, please contact a lawyer directly. There are 19 references cited in this article, which can be found at the bottom of the page. The best way to know whether you can expunge a criminal record is to establish an attorney-client relationship with a lawyer and get his or her legal advice. Felonies which are in the lowest category are sometimes calledundesignated felonies. Can A Felony Be Dropped To A Misdemeanor? Some of them can be quite strict. The defense can try to prevent evidence from being used at trial by arguing why it should be excluded. Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. The waiting period doesnt start until after youve finished all aspects of your sentence. Criminal Defense And Immigration Considerations. Of course, it depends in which state the offense occurred. In these states, misdemeanors are far more likely to be eligible for an expungement. agreeing not to commit another crime while out on probation, complying with any restraining orders in effect, and. The basic eligibility criteria to obtain an expunction are the same for the three categories of dismissals and acquittals. If you were convicted of felony simple drug possession (Health and Safety code sections 11350 and 11377) or certain felony theft offenses (see below), prior to November 2014, where the value was not more than $950, you may apply to reduce your felony conviction to a misdemeanor under . Some common terms of felony probation include: The length of felony probation is generally up to: The term of probation for violent felonies can be longer. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. A hearing is then held in court. Felons' lawyers will file a motion with the court to have the felony reduced. The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. DUI causing injury (Vehicle Code 23153 VC), spousal battery causing corporal injuries (Penal Code 273.5 PC), drug diversion program (Penal Code 1000 PC), mental health diversion (Penal Code 1001.36 PC), military or veterans diversion (Penal Code 1001.81 PC), assault with a deadly weapon (Penal Code 245(a)(1) PC). Eligibility for diversion is strict, though. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. They may even petition the court to terminate probation early. Doctor of Law, University of Wisconsin-Madison. agreeing not to commit any other laws while on probation. Defendants sentenced to probation have to follow the terms of their community supervision. certification issues for the California licensing boards that do not recognize the offense reduction. BRUNSWICK COUNTY Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued. whether the defendant violated any of the terms and conditions of their felony probation, the offense must have been a wobbler, and. Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. certification issues for certain state licensing boards, like the California State Bar, that do not recognize the reduction, and. These are the ones which carry the longest prison sentences. Plea Bargaining a Felony Down to a Misdemeanor, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/v4-460px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","bigUrl":"\/images\/thumb\/d\/d2\/Stop-Grandparents-Visitation-Rights-Step-3.jpg\/aid6831492-v4-728px-Stop-Grandparents-Visitation-Rights-Step-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"