trumped up plea bargain

[sKiTzo]

What is the name of your state (only U.S. law)? California
I'm looking to have 2 old felonies changed to misdemeanors. I just reviewed them via online case access and I've noticed I pled guilty to grand theft on 2 separate occasions but one of them was I had some wire nuts that couldn't be worth more than 2 dollars and the other was a small bottle of Starbuck's Frappuccino from a grocery store. While I did plead guilty, couldn't I urge the judge to have them reduced to misdemeanors based on the fact that both cases put together don't even add up to 5 dollars? By definition, it wasn't grand theft to begin with...

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
I'm looking to have 2 old felonies changed to misdemeanors. I just reviewed them via online case access and I've noticed I pled guilty to grand theft on 2 separate occasions but one of them was I had some wire nuts that couldn't be worth more than 2 dollars and the other was a small bottle of Starbuck's Frappuccino from a grocery store. While I did plead guilty, couldn't I urge the judge to have them reduced to misdemeanors based on the fact that both cases put together don't even add up to 5 dollars? By definition, it wasn't grand theft to begin with...

No. Those cases are done. You cannot get them reduced now. The time to make that argument was THEN.

 

[HighwayMan]

Way too late - you already pled guilty. I guess you should have been represented by competant legal counsel.

Next time you'll know.

 

[CavemanLawyer]

Maybe they were felonies based on something other than the value of the items stolen. Like for example, maybe they were enhanced based on prior theft convictions?

In either case like others have said once you plea you have extremely limited options to go back and challenge the result of the case. Unless you just plead recently, the Judge likely wouldn't have jurisdiction to do anything with the charges even if he wanted to.

 

[sKiTzo]

Maybe they were felonies based on something other than the value of the items stolen. Like for example, maybe they were enhanced based on prior theft convictions?

In either case like others have said once you plea you have extremely limited options to go back and challenge the result of the case. Unless you just plead recently, the Judge likely wouldn't have jurisdiction to do anything with the charges even if he wanted to.

I'm not talking about changing the results of the case. Of course those cases are long closed. What I meant was having the prior felonies reduced to misdemeanors under prop 47. I would think these cases qualify because grand theft used to generally mean over $500 but now it's even more, and I was convicted for grand theft on $3. So I was wondering if anyone knew specifically what kinds of prior theft convictions can be reduced to misdemeanors under prop 47?

 

[Ohiogal]

I'm not talking about changing the results of the case. Of course those cases are long closed. What I meant was having the prior felonies reduced to misdemeanors under prop 47. I would think these cases qualify because grand theft used to generally mean over $500 but now it's even more, and I was convicted for grand theft on $3. So I was wondering if anyone knew specifically what kinds of prior theft convictions can be reduced to misdemeanors under prop 47?

Your crimes that you committed were felonies when you committed them and were sentenced. YOU CANNOT GET THEM REDUCED NOW. Prop 47 applies to crimes committed AFTER implementation.

 

[davew128]

Your crimes that you committed were felonies when you committed them and were sentenced. YOU CANNOT GET THEM REDUCED NOW. Prop 47 applies to crimes committed AFTER implementation.

This is incorrect. The sentence itself can't be changed, but it most certainly can be reclassified as a misdemeanor

http://web.archive.org/web/20140908180059/http://voterguide.sos.ca.gov/en/propositions/47/analysis.htm
Resentencing of Previously Convicted Offenders

This measure allows offenders currently serving felony sentences for the above crimes to apply to have their felony sentences reduced to misdemeanor sentences. In addition, certain offenders who have already completed a sentence for a felony that the measure changes could apply to the court to have their felony conviction changed to a misdemeanor. However, no offender who has committed a specified severe crime could be resentenced or have their conviction changed. In addition, the measure states that a court is not required to resentence an offender currently serving a felony sentence if the court finds it likely that the offender will commit a specified severe crime. Offenders who are resentenced would be required to be on state parole for one year, unless the judge chooses to remove that requirement.



The significance here of being able to convert to misdemeanors is that they can then be expunged.