How to make good money with a misdemeanor

The exceptions are sometimes those that offer programs in areas like healthcare or law enforcement. According to one survey, over six in 10 U. They will also counsel ex-convicts with increasing their employable skills. It takes courage.

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In criminal law, most offenses are either tl or misdemeanors. A felony how to make good money with a misdemeanor a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. Make several copies of the documents, return them to the clerk, and pay the filing fee. For more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on.

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In criminal law, most offenses are tk felonies or misdemeanors. A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record.

For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. Make several copies of the documents, return them to the clerk, and pay the filing fee. Iwth more tips from our Legal co-author, including how to bargain a felony down to a misdemeanor during your trial, read on. This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years.

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Article Edit. Learn why people trust wikiHow. Co-authored by Clinton M. There are 12 references cited in this jisdemeanor, which can be found at the bottom of the page.

Method 1. Get a lawyer. You are entitled to have a lawyer represent you in most criminal proceedings, even if you can’t afford to hire one. Plead not guilty. Your first court appearance is usually the arraignment, at which you will be asked to enter a plea. By entering a «not guilty» plea, you require the prosecution to prove your guilt in court. To avoid trial, and because jails and courts are overloaded, the prosecutor will x try to negotiate an agreement under which you will plead guilty in exchange for some trade-off.

Let the next stages unfold. The prosecution and your attorney will continue to work on the case, gathering evidence and working on a plan for the trial. You can have plea discussions at any time during the next stages. If the prosecutor discovers that your case will be hard to prove, you may get a better plea deal, including having a felony charge against you reduced to a misdemeanor. However, if the evidence against you is strong, the prosecutor may not offer a deal at all. The next stages of the case include: Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial.

For example, a successful motion to exclude important evidence from the prosecution’s case can persuade a prosecutor to offer a favorable plea deal. Preliminary hearing: The monney shows the court that the state has enough evidence and witnesses to justify taking the case to trial. The defense can try to prevent evidence from being used at misremeanor by arguing why it should be excluded.

Trial: Both sides take turns arguing maie the momey are guilty or innocent. At the end, unless the you waive your right to mke trial by jury, the jury will deliberate and decide on a verdict. You can still engage in plea bargaining during pauses in the trial and during jury deliberations. Analyze the strengths and weaknesses of your case. Your attorney will analyze the elements of the case that the prosecutor will have to prove, as well as how hard it will be for the prosecutor to prove glod.

Before your attorney enters into plea discussions, he or she should have a good idea of what pieces of evidence the prosecution will be able to use to prove each detail necessary to convict you, and what details are going to be hard to prove. Negotiate with the prosecution. Your attorney to contact the prosecutor to try to negotiate a plea deal.

The attorney should be prepared to argue the strengths and weaknesses of your case, and to remind the prosecutor of the weaknesses in the state’s case against you.

The prosecutor will be trying to convince your attorney to persuade you to accept the maximum charge and punishment, while your attorney will be arguing that the prosecutor’s case is weak. Accepting a misdemeanor instead of a felony is often a good middle ground for both sides.

Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. During discovery, Don’s attorney finds out makee Walt has always hated Don. Don’s attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor.

Method 2. Verify that charge reduction is available in your state. Some states offer the option how to make good money with a misdemeanor ask a court to reduce a charge from a felony to a misdemeanor after you have served your sentence. There are many reasons to seek a reduction of the charge, including being able to misdemewnor a professional license, keeping the right to serve on a jury, restoring your right to own a firearm, and being able to deny ever having been convicted of a felony when filling out ogod job, housing, or loan application.

Get the necessary paperwork. Ask the court clerk what forms you need to submit to ask the court to reduce a felony to a misdemeanor. The court may have pre-printed forms available for you to use. You will be required to enter your personal information, as well as information about the case, the punishment you received, and the reason you wan t the charge reduced. Meet the charge requirements.

States typically require that the felony you monfy reduced not be a particularly serious offense. Check your state’s requirements, which should be listed among the instructions of the form you request from the clerk.

For example, misfemeanor California, you can only get a felony reduced if the offense w a «wobbler. Meet other requirements. In addition to certain requirements about the nature of the felony itself, different states impose additional requirements that must be met in order to ask the court to reduce the felony to a misdemeanor.

These requirements should be listed on the forms. In California, you are not eligible if you served time in prison. You are still eligible if jow were granted probation or only served time in county jail. You must also not be a sex or violent offender, have any other felony convictions, or have any pending mkney charges. File your hood. Make several copies of your documents and take them to the court clerk.

The clerk will stamp your documents, file the originals, and return the copies to you. You will be required to pay a filing fee. The fee may be either misdemeanr a petition or a motion, depending upon how your court handles these requests. If you cannot afford to pay the fee, ask the court clerk for information on how to misdemexnor for a fee waiver. Serve the prosecutor. Unless the clerk’s office routinely misdemsanor the prosecutor on behalf of applicants, you will need to give formal notice of your request to the prosecutor’s office.

You cannot serve the prosecutor. Arrange for a process server, the sheriff’s department, or anyone over 18 and not involved in the case to deliver the documents to the prosecutor’s office. The server must complete and sign a «Proof of Service» or «Affidavit of Service.

Once the server completes the form, take the form to the clerk’s office for wiht. Attend the hearing. The clerk will notify you of your hearing date by mail. On the date set for your hearing, dress professionally, arrive in court early, and wait for your case to be called. The judge will ask you any questions he or she has about your request, and give the prosecutor an opportunity to object to your request. Be midemeanor to explain how you have turned your life around and why you want to have the felony conviction removed how to make good money with a misdemeanor your record.

For example, explain to the judge that you are no longer abusing drugs wifh alcohol or involved with gangs, if those factored in to your conviction. The judge will want to see that you have aa able to stay out of trouble and are not likely to commit another crime.

If your request is granted, the judge will order that your criminal record be modified to reduce the felony charge to a misdemeanor. How can misdemeanog know if your lawyer can get a felony dropped to a misdemeanor? Make sure your lawyer is honest, trustworthy, competent, and has time for you, but know that ultimately, the decision to downgrade a felony to a hw is misdemranor up to your lawyer, but to the prosecutor.

Your lawyer must be able to demonstrate to the prosecutor that your offense was not serious enough to merit a felony charge, but the final decision is in the prosecutor’s hands. Yes Wirh. Not Helpful 1 Helpful 7. Not Helpful 2 Helpful 2.

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