What Facts Allow a Court to Deny 17(b)(3) Relief?

A reduction of a felony to a misdemeanor is never guaranteed. For some “straight felonies” that can only be filed as a felony, it is impossible. However, if the charge is a wobbler, the judge will consider the underlying facts of the case such as what injuries or harm was caused and whether restitution has been paid in full. The judge will also consider if defendant went to prison, had a joint suspended or just formal probation. The prosecutor’s position on reduction is also considered and frequently given great weight. For more information on reduction of a felony to a misdemeanor, click on the following link.




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