Most offenses in criminal law are felonies.A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually has a maximum sentence of one year in jail.If you have been charged with a felony, you may be able to get it reduced through plea bargaining.You can petition the court to modify the charge on your record if you have already been convicted of a felony.
Step 1: Get a lawyer.
Even if you can't afford a lawyer, you are still entitled to one in most criminal proceedings.Criminal defense attorneys and public defenders have experience in plea negotiations and will most likely have an existing work relationship with the judge and prosecutor.
Step 2: Lead not guilty.
At your first court appearance, you will be asked to enter a plea.You have to prove your guilt in court if you enter a "not guilty" plea.The prosecutor will most likely try to negotiate an agreement under which you will plead guilty in exchange for some trade-off.A majority of criminal cases end with a plea bargain.If you do not accept a plea bargain and are found guilty at trial, you will face a much harsher punishment than what you could have received under the plea deal.
Step 3: Let the next stages happen.
A plan for the trial will be worked on by the prosecution and your attorney.During the next stages, you can have plea discussions.If the prosecutor discovers that your case will be hard to prove, you may get a better plea deal.The prosecutor may not offer a deal if the evidence against you is strong.The next stage of the case is discovery, where both sides collect and exchange information as they assemble evidence and witnesses for trial.Motions ask the court to resolve a disagreement or tell the parties to do something.plea bargaining can be affected by a motion's outcome.A successful motion to exclude important evidence from the prosecution's case can persuade a prosecutor to offer a favorable plea deal.A preliminary hearing is when the prosecutor shows the court that there is enough evidence to take the case to trial.The defense can argue why evidence shouldn't be used at trial.Both sides argue that you are guilty or not.Unless you waive your right to a trial by jury, the jury will decide on a verdict.During jury deliberations and pauses in the trial, you can still engage in plea bargaining.
Step 4: Evaluate the strengths and weaknesses of your case.
The elements of the case that the prosecutor will have to prove will be analyzed by your attorney.Before your attorney enters into plea discussions, he or she should have a good idea of what evidence the prosecution will be able to use to convict you, and what details are going to be hard to prove.
Step 5: Negotiating with the prosecution.
The prosecutor should be contacted by your attorney to negotiate a plea deal.To remind the prosecutor of the weaknesses in the state's case against you, the attorney should be prepared to argue the strengths and weaknesses of your case.The prosecutor will be trying to convince you to accept the maximum charge and punishment, while your attorney will argue that the prosecutor's case is weak.It's a good middle ground for both sides to accept a misdemeanor instead of a felony.As a result of a fight between Don and Vic, Don is charged with attempted murder, a felony.Walt said that Don tried to kill Vic during the fight.Don's attorney discovered that Walt has always hated Don.The prosecutor was told by Don's attorney that Walt embellished his testimony to get Don into more trouble.The prosecutor is willing to drop the attempted murder charge if Don pleads guilty to battery.
Step 6: Check to see if the charge reduction is available in your state.
You can ask a court to reduce a charge if you have served your sentence.There are many reasons to seek a reduction of the charge, including being able to get a professional license, keeping the right to serve on a jury, restoring your rights to own a firearm, and denying ever having been convicted of a felony.If you don't know if your state offers charge reduction, you can contact the court clerk's office, an attorney, or a librarians at a law library.
Step 7: The necessary paperwork should be obtained.
If you want the court to reduce a felony to a misdemeanor, you have to fill out some forms.You can use pre-printed forms at the court.You will have to provide personal information, as well as information about the case, the punishment you received, and the reason you want the charge to be reduced.
Step 8: The charge requirements are met.
The felony you want reduced isn't usually a serious offense.The instructions of the form you request from the clerk should include your state's requirements.If the offense was aobbler, you can only get a felony reduced.Aobbler is a crime that the prosecution can charge as either a felony or a misdemeanor, such as assault with a deadly weapon.The charge in Indiana must have been a Class D felony and not related to a violent or sexual crime.
Step 9: Meet other requirements.
Different states have different requirements that must be met in order to reduce a felony to a misdemeanor.The requirements should be listed on the forms.You can't be eligible if you served time in prison.If you only served time in jail, you are still eligible.You have to wait three years after finishing your sentence to apply in Indiana.If you have any pending criminal charges, you must also not be a sex or violent predator.
Step 10: Don't forget to file your documents.
Take your documents to the court clerk.The clerk will file the originals and return the copies to you.You will have to pay a fee.Depending on how your court handles these requests, the fee may be either for a petition or a motion.You can apply for a fee waiver if you can't afford to pay the fee.
Step 11: You should serve the prosecutor.
Unless the clerk's office serves the prosecutor on behalf of applicants, you will need to give formal notice of your request.You can't serve the prosecutor on your own.The documents should be delivered to the prosecutor's office by anyone not involved in the case.The server needs to complete and sign a proof of service.The form should be in the clerk's office.Take the form to the clerk's office once the server completes it.
Step 12: Attend the hearing.
You will be notified of your hearing date by mail.Arrive in court early, dress well, and wait for your case to be called on the day of your hearing.The prosecutor will have an opportunity to object to your request if the judge asks any questions.Explain how you have turned your life around and why you want to have a felony conviction removed from your record.Explain to the judge that you are no longer involved with gangs or abusing drugs if those factored in to your conviction.The judge wants to see that you have stayed out of trouble and are not likely to commit another crime.The judge will modify your criminal record if your request is granted.