Q: Dangerous Drug charge isn't there a way on a first offense to have the felony dropped to a mischdemeanor?

A: Yes there is. It is not easy to get and there is definitely no guarantee that it will happen. The first thing to do is to hire a private lawyer because it is very rare that you can get this kind of outcome without a private lawyer. The lawyer will work to negotiate a deal down to a misdemeanor. The prosecutor always has the power to change a dangerous drug charge down to a misdemeanor. Again, this is rare but possible. More commonly, we can get the prosecutor to reduce the charge down to a class 6 felony undesignated. Undesignated is the key word. This means that your final outcome will be considered a misdemeanor in some regards and a felony in other regards. Once you complete the probation then your lawyer, or you, can apply to designate the conviction to a misdemeanor. Now, you can also apply to set asides and sealing records after a certain amount of time and that will make it as if the drug case never happened to the public's eye.

Another option that can happen in some situations is to get the defendant into a felony diversion program. This is better than a misdemeanor. Felony diversion program will force you to completed a ton of counseling within a required amount of time. If successful, the entire case will be dismissed. Again, you can then seal the arrest record to make it as if it never happened. It take a ton of work to get the prosecutor to agree to allow someone to do the felony diversion program but it is a possibility in some situations.

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