Getting Felony Conviction Reduced

B. Tam Nomoto, an Orange County Municipal Court judge, answers readers’ questions about the law. Ask the Judge runs every other Saturday in Orange County Life.

By JUDGE B. TAM NOMOTO

Q In 1978, I was convicted of a felony (commercial burglary) in Santa Ana. At the time of sentencing, I was told that after I did my time (90 days) and probation (2 years), I could have the conviction reduced to a misdemeanor.

I would like to get this done now. How do I do it?

D.O.,

Anaheim

A You should contact the attorney who represented you in the case. If you were represented by a public defender, you should contact the public defender’s office, and request them to make a motion to have the felony reduced to a misdemeanor in accordance with your sentence. If you appeared without an attorney, you should contact the criminal division of the clerk’s office of the Superior Court in Santa Ana. This division should be able to instruct you on the paper work you will need to file to have your motion heard by a judge.

Q My 18-year-old son was arrested for reckless driving. The ticket indicated two dates and times for him to appear in court. He went to the courthouse on the first date and was told that he was not scheduled for that time. He told the clerk that he was unable to appear on the second date. She told him that if he did not show, there would be a warrant out for his arrest. He appeared the next day and again was told that there was no paper work prepared. He has met his obligation and appeared on both dates. What should he do now?

A.W.,

Seal Beach

A You do not say in which court your son was to appear, but I assume that it was a Municipal Court since reckless driving is a misdemeanor. While each court has different rules and procedures by which it handles its cases, I’m sure none would penalize a person for failing to appear when he has made every attempt to do so.

I would suggest that in order to protect himself, your son should retain and/or obtain proof that he has attempted to take care of his case on two separate occasions. In the Municipal Court in Santa Ana, a defendant’s ticket is stamped with the date on which he has appeared when his case cannot be located or handled. This way, the defendant has proof that he did come to court, and the failure to handle the case was not his. Your son should retain any such proof if the court in which he appeared follows this procedure. If it does not, he may wish to return and obtain such proof.

It is not clear from your letter whether your son’s second appearance was on the second date or before it. If it was on the second date, he will need to check periodically with the clerk to determine whether the case has been rescheduled. If he appeared before that date, he should attempt to come to court at that time. If he cannot do so, he should write a letter to the court, citing his problems and requesting a continuance. Send the letter by registered or certified mail and keep a copy of it and the postal receipt.

Q I pleaded guilty to misdemeanor drunk driving two weeks ago. It was the first time I had ever been in trouble and had ever been to court. I don’t make much money so I did not have an attorney when I went to court. I’ve thought about this a lot over the last two weeks, and I really feel that I made a mistake in pleading guilty. Is there any way I can change my mind?

P.C.,

Irvine

A You can file a motion to withdraw your plea with the court in which you appeared. The judge who took your plea and sentenced you will determine whether your motion should be granted. The motion is normally granted if you can show that you did not knowingly and voluntarily waive your constitutional rights or that you did not understand your rights and the consequences of pleading guilty. You should contact the clerk of the court or have an attorney do this for you. If you cannot afford an attorney, you may wish to contact the public defender’s office.

Got a question for Judge Nomoto? Write to: Ask the Judge, Orange County Life, The Times, 1375 Sunflower Ave., Costa Mesa, Calif. 92626. Questions of broadest interest will be answered in her column.