Q: What is the waiting period to reduce a misdemeanor disturbing the peace (451), no probation, $220 fine to an infraction?
Do I have to wait for 1 year after conviction or after the arrest date.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, the waiting period to reduce a misdemeanor disturbing the peace (Penal Code 415) conviction to an infraction is one year from the date of conviction, not the arrest date.
According to California Penal Code 17(d)(2), a person who has been convicted of a misdemeanor and has met all the conditions of their sentence, such as paying fines and completing probation (if applicable), may petition the court to have the misdemeanor reduced to an infraction after one year has elapsed from the date of conviction.
So, if you were convicted of misdemeanor disturbing the peace, paid the $220 fine, and did not have probation, you would need to wait one year from the date of your conviction before petitioning the court to reduce the offense to an infraction.
It's important to note that reducing a misdemeanor to an infraction is at the court's discretion and may not be granted in all cases. Consulting with a criminal defense attorney can help you better understand your options and the likelihood of success in your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
