Ask Experts Questions for FREE Help !
Ask
    EgyptMad Pro's Avatar
    EgyptMad Pro Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 10, 2015, 03:04 AM
    Prop 37
    How do I get my charge brought to misdemeanor now that law has changed
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #2

    Apr 10, 2015, 03:20 AM
    I think you have to clue us in a little more. What charge and where. This is an international site.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Apr 10, 2015, 04:22 AM
    I'm guessing that you were convicted of something which was a felony. Since the time of the conviction, a "Proposition 37", in whichever state it is in which you are located, was enacted, making the crime a misdemeanor instead. Do I have that right?

    Unless the proposition specified that it would have retroactive effect, your conviction stands; you are out-of-luck, I'm afraid. Seek a pardon or commutation of sentence perhaps.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Apr 10, 2015, 06:55 PM
    Almost no criminal law change is retroactive. So normally you do not get to change your prior conviction. If the crime happened before the new law was changed and you are arrested after the law was change, often you will still be tried according to the old law.

    If it is possible will depend on the exact wording of the new law and in all cases would require a new court hearing, so you would need an attorney
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
    Expert
    		  
    #5

    Apr 11, 2015, 05:08 AM
    I would certainly seek a consultation with a lawyer to see if the law that changed could possibly benefit me. What's to lose?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Prop 36 [ 1 Answers ]

What happens if you get caught falsifying a urine test while on prop 36?

Haloween prop [ 1 Answers ]

I am building a haloween prop for a party. I need to switch 120 volts with a 4.5 volt signal from a motion detector.

Prop 36 completion [ 2 Answers ]

OK I have another question on prop 36. After I complete the program, does my felony get dismissed? And how long after completion am I off probation?

Keeping CA prop 13 prop tax level [ 1 Answers ]

Hi, This is my 1st post so TY for any help. I'm in Calif. & wondering if there's a way to maintain the Prop 13 property tax level if a child inherits a house. There is a trust & I'm there only child inheriting the home. Thanks for any help, db

View more questions Search