Log in

View Full Version : Reduce Felony to Misdimeanor


garysr2u
May 30, 2010, 09:33 PM
Can a strike be reduced to a misdimeanor under any circumstances and later expunged.

Adam was arrested and convicted at 18 of a crime he was associated with at age 17 but, Adam did not participate in any violent act during the crime. In-fact he is not a violent person. However, he has a strike. Strikes are reserved for the most violent of criminals. This does not reflect my Adam as a person. He actually, is a passive person who was addicted to drugs and going along for the chance to get high. Adam was duped by older criminals (28 y.o.) and he was given drugs at the time.

Who can strike a strike when the circumstances call for it? What are the circumstances?

Gary

Fr_Chuck
May 30, 2010, 09:41 PM
A charge can only be reduced prior to conviction as a deal between the state ( DA) and the person charged.

It does not matter if he is a violent person or a lamb, if the crime he was part of, is, he will be charged as such. If he was just the look out and someone was murdered, he would have been charged with the murder, that is how it works.

After the conviction, they may look for a pardon, or to have the charges explunged, ( normally 8 to 10 years after the crime)

excon
May 31, 2010, 05:37 AM
Can a strike be reduced to a misdimeanor under any circumstances and later expunged.Hello gary:

Nope. Besides, if what you say is true, the first strike won't count unless Adam commits another violent crime, which you say he isn't going to do. Potential employers don't see the strike.

excon

excon
May 31, 2010, 06:11 AM
Hello again, Gary:

I'm not sure if you don't mean FELONY instead of STRIKE. If you do, the advice is the same. It cannot be reduced to a misdemeanor - but it CAN be expunged so that the public doesn't see it. It is NOT removed as far as the courts are concerned, though. If he gets into trouble again, it will be a 2nd offense.

Even if his first offense was a strike, I don't that precludes expungement.

excon