Process and Costs for Reducing a Misdemeanor to an Infraction in California

Many individuals find themselves dealing with misdemeanor charges, which can significantly impact their lives. In California, there is a process to reduce these charges to infractions, which can be less severe and less impactful. This article will guide you through the steps and requirements involved in reducing your misdemeanor to an infraction, detailing the duration, costs, and timeline involved.

Understanding the Process

The process of reducing a misdemeanor to an infraction is often straightforward, but it requires attention to detail and adherence to specific procedures. Once you have completed any required court sentences, you are generally deemed eligible to move forward with the reduction process. This can typically be completed relatively quickly, often within a few weeks.

Filing the Petition for Dismissal

The primary step in this process involves filing a Petition for Dismissal. If your offense is related to driving under the influence (DUI), you will also need to file an Order for Dismissal. These are two separate filings, but they can be handled concurrently. You will need to gather all the necessary documentation and complete the required paperwork.

Free Filing Cost

A notable advantage of this process is the lack of cost. In San Mateo County, California, the filing is free. This is a significant financial relief for those who may be struggling to manage additional expenses.

Submitting the Petition

The next step involves submitting your paperwork to the District Attorney’s office. In San Mateo County, you must submit the documents in person. While this may seem inconvenient, it is a straightforward process. Simply visit the office during its operating hours and follow their instructions to submit your paperwork.

Duration and Timeline

From the time you file the petition to the resolution of your case, the process is relatively quick. Once your paperwork is in order, you can usually expect the process to take a few weeks. This timeline can vary, but it is generally efficient and not overly prolonged.

Time Served Consideration

It is essential to note that any time you have served, whether it involves jail time or community service, will be considered in the court's decision. The judge will take into account the full sentence you have completed to determine if your case can proceed towards reduction.

Conclusion

Reducing a misdemeanor to an infraction is indeed a process that can be completed efficiently, often within a few weeks and without additional cost. For those in San Mateo County, the necessary steps involve filing a Petition for Dismissal and an Order for Dismissal, followed by an in-person filing at the District Attorney’s office. This process can provide significant relief and legal benefits for individuals dealing with misdemeanor charges.