Legal Question in Criminal Law in Idaho

Re: Reducing a Felony

Not every felony can be reduced. It has to be a "wobbler" - one that can be charged as a misdemeanor or a felony. How do you know? You'd have to look up the section he was convicted of and the punishment. If it says it's punishable by imprisonment in the state prison OR in the county jail, then it can be reduced. If it says that it's punishable by imprisonment in state prison only, then it cannot be reduced.

Assuming it CAN be reduced, a motion to reduce the charge would need to be filed. You can do this in conjunction with a motion to expunge the conviction as well.

Can you do this on your own? Yes, but if you don't want to run the risk of messing up, a criminal defense attorney in the county where the conviction was can assist and it shouldn't be that expensive.

Re: Reducing a Felony

He may be able to get it reduced and expunged so he can say 'no' to conviction on most private employment applications. That would be possible IF he was not sentenced to any prison time, and if it was not for any sex or domestic violence crime. If you think he qualifies, feel free to contact me for the legal help he'll need.

Re: Reducing a Felony

Depending on the felony charge and assuming it is one that can be reduced... There are standard Judicial Council forms that can be filled out and filed with the court to reduce the felony to a misdemeanor and then dismissed pursuant to Penal Code section 1203.4.