Other Criminal Charges & Offenses How likely is a judge to reduce a wobbler felony at px?

[SieVilhelm]

Jurisdiction

California

At the preliminary hearing how likely is a judge to reduce a wobbler charged as a felony to misdemeanor?

What is likely to influence this decision?

It seems like prosecutors will overcharge defendants, but will the Judges bring balance to that by reducing wobblers at the preliminary hearing if the charges are not as serious as the prosecutors say?

 

[justblue]

At the preliminary hearing how likely is a judge to reduce a wobbler charged as a felony to misdemeanor?

What is likely to influence this decision?

It seems like prosecutors will overcharge defendants, but will the Judges bring balance to that by reducing wobblers at the preliminary hearing if the charges are not as serious as the prosecutors say?

What is the charge? Do you have an attorney?

 

[SieVilhelm]

PC 422 and PC 529 I am self represented. Have been pro se for about 2 years now. Am comfortable with it. I know people are going to say I need an attorney but for my circumstances I feel I am doing a better job as a pro se who hires assisted counsel as needed.

 

[doucar]

In my experience, very unlikely at preliminary hearing stage, more likely at pretrial stage.

PC 422 and PC 529 I am self represented. Have been pro se for about 2 years now. Am comfortable with it. I know people are going to say I need an attorney but for my circumstances I feel I am doing a better job as a pro se who hires assisted counsel as needed.[/QUOTEn

 

[doucar]

In my experience, very unlikely at preliminary hearing stage, more likely at pretrial stage.

PC 422 and PC 529 I am self represented. Have been pro se for about 2 years now. Am comfortable with it. I know people are going to say I need an attorney but for my circumstances I feel I am doing a better job as a pro se who hires assisted counsel as needed.[/QUOTEn

 

[Tax Counsel]

PC 422 and PC 529 I am self represented. Have been pro se for about 2 years now. Am comfortable with it. I know people are going to say I need an attorney but for my circumstances I feel I am doing a better job as a pro se who hires assisted counsel as needed.

The problem I see with a lot of pro se litigants isn't with what they know about the law, but rather what they don't know. And those who have not been trained in the law are far more likely to miss things that are significant. That said, it's your right to represent yourself and perhaps you'll be in the minority of pro se litigants that do a good job on their case. For your sake, I hope you fall into that group. Although I am an attorney, I would not consider even for a moment representing myself in any significant criminal matter. That's not my speciality and I know that I lack all of the knowledge it would take to do that task well.

 

[flyingron]

Yep, felonies (even ones that are wobblers) aren't anything to sneeze at. This ain't a traffic ticket.

 

[mightymoose]

If you are wanting the offense to be tried as a misdemeanor, then you need to be able to show that the evidence does not support trying it as a felony.
The more serious the threat is, in the more reasonable the victims's fear that the threat would be carried out, the less likely it will be handled as a misdemeanor.

 

[SieVilhelm]

If you are wanting the offense to be tried as a misdemeanor, then you need to be able to show that the evidence does not support trying it as a felony.
The more serious the threat is, in the more reasonable the victims's fear that the threat would be carried out, the less likely it will be handled as a misdemeanor.

Thanks for the reply. Yes that is my plan. In this case I don't even think they have evidence that a crime has been committed whatsoever. That is why I ask if Judges will be reasonable and bring balance and fairness back at a PX. In this case they had to charge this as a felony in order to get the warrant and also to scare me into a plea. But I just wonder will the Judge sympathize with that and say this is overblown? I do strongly feel that there is no legitimate case against me and the fact that this case originated in late 2020 and they have been dragging their feet on it since, makes me think perhaps they don't believe their allegations can survive a preliminary hearing.

 

[SieVilhelm]

The problem I see with a lot of pro se litigants isn't with what they know about the law, but rather what they don't know. And those who have not been trained in the law are far more likely to miss things that are significant. That said, it's your right to represent yourself and perhaps you'll be in the minority of pro se litigants that do a good job on their case. For your sake, I hope you fall into that group. Although I am an attorney, I would not consider even for a moment representing myself in any significant criminal matter. That's not my speciality and I know that I lack all of the knowledge it would take to do that task well.

Thank you I really appreciate it and generally I agree with you. So far, I have felt like I have been able to handle things, and I have spent many thousands on assisted counsel. I have had assistance of counsel the entire time I have been pro se. It is more expensive for me to be pro se and hire assisted counsel than it is to have an attorney, but I previously had an attorney and It felt like he didnt want to do any work whatsoever on the case. After one year I fired him and demanded a itemized timesheet and he had spent about 2 hours on the case in one year. I realized that I am just better off spending countless hours on it myself and hiring attorneys as needed. I can always upgrade my attorney from assisted counsel to full counsel later if this really goes to trial but it also seems like part of the game is to exhaust the privately represented defendants financial resources before the trial so that when the trial comes they just settle with a plea deal. Its better to save my money for a trial and bluff my way there. If only 5% of cases end with a trial......

 

[SieVilhelm]

In my experience, very unlikely at preliminary hearing stage, more likely at pretrial stage.

My understanding is that a 17b motion at the preliminary hearing can be considered. What are the reasons such a motion would be denied?

What motions are filed during the pretrial stage or how else does the charge get reduced at the pre trial stage?

 

[Zigner]

My understanding is that a 17b motion at the preliminary hearing can be considered. What are the reasons such a motion would be denied?

What motions are filed during the pretrial stage or how else does the charge get reduced at the pre trial stage?

You NEED an attorney - your "countless hours" spent would likely have taken only a handful of hours for an experienced attorney.

 

[mightymoose]

Well you do have a right to a speedy trial. At some point you waived that right. You have the means to speed things up if you want to, but it may not be a good idea to do so..

As for what the judge will do, Magic Eight Ball says "Outlook hazy".

Regardless of what the judge may do, you should be more concerned about what a jury believes.

 

[army judge]

At the preliminary hearing how likely is a judge to reduce a wobbler charged as a felony to misdemeanor?

A judge won't reduce a charge unless the defendant makes such request.

However, a request is nothing more than asking.

Problem is, the prosecutor won't stand idly by after you've made such a request.

Are you (were you) a civilian dependent of an active duty military member on the date you got nabbed?

Are you still a civilian dependent of an active military service member?

Did the alleged theft occur on a military base OUTSIDE of the USA?

Please state the EXACT charge, as noted on the charging document.

Have you previously been convicted of ANY federal or state crimes?

If you were, when and in what jurisdiction did that/those conviction/s occur?

 

[flyingron]

A good lawyer can raise issues at the prelim hearing BEFORE getting to the point of the 17b. Why do you want to concede a misdemeanor conviction? As one of our fine NC lawyers says in his billboard "Just because you did it doesn't mean you're guilty."

 

[SieVilhelm]

A judge won't reduce a charge unless the defendant makes such request.

However, a request is nothing more than asking.

Problem is, the prosecutor won't stand idly by after you've made such a request.

Are you (were you) a civilian dependent of an active duty military member on the date you got nabbed?

Are you still a civilian dependent of an active military service member?

Did the alleged theft occur on a military base OUTSIDE of the USA?

Please state the EXACT charge, as noted on the charging document.

Have you previously been convicted of ANY federal or state crimes?

If you were, when and in what jurisdiction did that/those conviction/s occur?

Hello, I hope this answers your questions... thanks for taking the time to reply.....

I do intend to make a 17b motion request at the hearing if the judge will not outright dismiss. I understand the prosecutor will counter it and I will need to be prepared for that. in the meantime I am trying to talk with the prosecutor by email and advocate for a dismissal by exposing them to the facts of the case.



False Personation 529a



The defendant is charged with falsely impersonating another person in that person's private or official capacity and performing certain acts in violation of Penal Code section 529 a.



Criminal Threats 422



The defendant is charged with having made a criminal threat in violation of Penal Code Section 422



To be clear, I was not really nabbed, I was never arrested. I was sent an out of state summons to appear based on allegations make in a probable cause declaration and while I was booked I didnt really spend any time in handcuffs or in actual jail cell. I was in and out within 30 mins.


The answer is no to the three military related questions you asked.



I have a clean criminal record. Have never been convicted of any crimes federal or state.

 

[SieVilhelm]

You NEED an attorney - your "countless hours" spent would likely have taken only a handful of hours for an experienced attorney.

I have assisted counsel. Motions are written and filed by assisted counsel.

 

[SieVilhelm]

Well you do have a right to a speedy trial. At some point you waived that right. You have the means to speed things up if you want to, but it may not be a good idea to do so..

As for what the judge will do, Magic Eight Ball says "Outlook hazy".

Regardless of what the judge may do, you should be more concerned about what a jury believes.

I was wondering about if I should ask for a speedy trial if I'm held to answer at the preliminary. I think it's possible they may end up being forced to dismiss rather than actually go to trial if I force the issue. In the meantime I will be filing 995 motion and possibly a stanton motion to dismiss.

Lets say you think their whole case is a bluff, could you bluff them by forcing them to actually do the trial or fold?

 

[SieVilhelm]

A good lawyer can raise issues at the prelim hearing BEFORE getting to the point of the 17b. Why do you want to concede a misdemeanor conviction? As one of our fine NC lawyers says in his billboard "Just because you did it doesn't mean you're guilty."

I agree and I intend to contest both the charges and seek a full dismissal. I am advocating for a full dismissal through email correspondence with the DA by presenting facts that support my petition as well as facts of my good character. I just prefer to be prepared for all possible outcomes. This is my first rodeo.

 

[army judge]

Lets say you think their whole case is a bluff, could you bluff them by forcing them to actually do the trial or fold?

The case doesn't belong to anyone.

The case is being prosecuted by the US Attorney's office, if you were arrested and charged with stealing from an AAFES aka PX.

If the victim is an AAFES store, it operates on an army or air force installation.

AAFES units very rarely do anything other than seek the prosecution of those charged with any form of theft, be that military personnel, their dependents, civilian DOD employees, or contractors.

If you can't afford an attorney, you might wish to consider seeking a federal public defender.

AAFES rarely loses cases.

I've adjudicated several theft cases brought by AAFES.
The cases I've seen weren't losers, with one exception.
That data spans 35 years.