Criminal Frequently Asked Questions
Do all felony offenses carry mandatory prison time?
No. In fact, many felony offenses are probation eligible. As a term of probation, however, a Judge can impose up to one flat year in the County jail.
If you are charged with a Dangerous Offense, this means your crime carries mandatory prison if you are convicted.
How does Proposition 200 affect me if I am charged with a drug offense?
Proposition 200 only applies to persons convicted of Possession of Drugs. For a first time offender, Proposition 200 mandates probation and prevents the Judge from imposing any jail time. For a second time Possession of Drug conviction, Proposition 200 mandates probation, but allows the Judge discretion to impose jail time.
Proposition 200 does not apply to persons who have been indicted or convicted of a violent crime. For example, if you were convicted of Theft in 1996, and are now charged with Possession of Dangerous Drugs, your case falls within Proposition 200. This means your prior Theft conviction cannot be used against you, and you will receive probation with no jail time.
Proposition 200 does not apply to persons convicted of Possession of Drugs for Sale.
How does a felony affect my future?
If you are convicted of a felony, you lose your right to bear arms and your right to vote. Additionally, a felony conviction can make employment very difficult.
If I am charged with a felony, can my offense be reduced to a misdemeanor?
Depending on the nature of the crime and the offense charged, it is sometimes possible to avoid a felony conviction.
If I am convicted of a felony, can it be removed from my record?
Yes, most felony conviction can be set aside from your record.
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