Dallas, TX asked in Criminal Law and Gov & Administrative Law for California

Q: Is it better to petition for my marijuana conviction to be dropped before trying to get my wobbler reduced? Or together?

I figure I should get the marijuana conviction dropped before asking to have the felony I was on probation for reduced; but is it possible to do them at the same time? I don’t live in the same town and I already drove there to pay off fines and get paperwork.

1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: You can file the forms for the reduction and dismissal of the a marijuana conviction and a felony in another case (if I understand you) before or

at the same time, (it doesn't matter)- but you would use two different forms. The marijuana is a Petition under 11361.8 H&S, (Judicial Counsel form CR 400 (through 403). A general wobbler- type felony, reduced under 17(b), P.C. (and dismissed under 1203.4 P.C.), is form CR 180. They usually don't require court appearances, but you need to check with the specific county of conviction.

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