Q: is there any way to reduce a welfare fraud crime to a misdemeanor?
is there any way to reduce a welfare fraud crime to a misdemeanor if you served prison time for a year for a $400 charge that was paid off. Would it qualify as a wobbler crime? under Penal code 17(b)?
A: First, for clarification purposes, you stated one year "in prison" in California. We have determinate sentencing, meaning should you have plead guilty, your prison term would have been either 16 months, 2 yrs, or 3yrs. unless due to unusual circumstances, the judge will allow you you up to one year in County Jail, which appears that is the case here. If so, you would be eligible for an expungement, as long as court fines and fees are paid off, as well as all restitution (as stated) then your motion should include to have it reduced to a mideamenor, because it's a likely wobbler, and once reduced, have the case expunged, pursuant to 1203.4.
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