can a felony be reduced to a misdemeanor in nc

checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. However, a notice will be added, stating that youve been pardoned (forgiven) for committing the crime. Jennifer Mueller is an in-house legal expert at wikiHow. First, check your states requirements for reducing felonies, since every state is different. An example of reducing a felony offense to a misdemeanor is if the defendant is charged with DUI causing injury (Vehicle Code 23153 VC). being granted my freedoms once again. Get a deferred sentence. For instance, killing another motorist while driving drunk if you have two previous DUIs is unlikely to be reduced, as this is a demonstrated pattern of dangerous and illegal behavior, which has now escalated to fatal harm. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. For example, you can be slightly over the limit during a DUI stop and get a . If your record is sealed, the felony typically will not appear when someone runs a criminal background check on you, as when you apply for a job or seek to rent an apartment. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Some common conditions of probation include: In California, probation lasts 2 years for non-violent felonies. In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. We know, though, how important it is to get a felony reduced to a misdemeanor, which is why we work diligently to protect our clients rights and futures throughout the criminal process. Probationers who abide by the rules of their probation for the full term will complete it. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. The court will ask why a defendant is seeking a reduction. Conviction of a felony typically carries a prison sentence and a term of probation. The benefits of reducing a felony offense to a misdemeanor are significant. Doctor of Law, University of Wisconsin-Madison. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. Some criminal statutes specifically state how long probation will last.4. "Great help in getting the ball rolling in accomplishing said tasks for myself, hopefully will be successful in. jumping me. If there are two aggravating factors and a death, the offense is a Class E felony. To learn how to get a certificate of actual innocence, keep reading! Not all convictions can be cleaned up with a Certificate of Rehabilitation. If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. Below the level of felonies, of course, are misdemeanors. There is a major reward for your loved one and the family if that felony is reduced to 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. Approved. Among the reasons may be: Employment Rental applications In addition, the sentencing in North Carolina is very complicated and is based on a number of factors, including your prior criminal records. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. This is if the crime did not involve violence and the use of a deadly weapon, and if the accused person does not have any previous criminal record. Preliminary hearing: The prosecutor shows the court that the state has enough evidence and witnesses to justify taking the case to trial. Can A Felony Be Dropped To A Misdemeanor? Felony probation is a term of community supervision. . The judge will want to see that you have been able to stay out of trouble and are not likely to commit another crime. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/v4-460px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","bigUrl":"\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/aid1303155-v4-728px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"