Lindsey Lohan's Stolen Necklace

Lindsey Lohan was charged with stealing a $2,500 necklace from a jewelry store. Her lawyers were successful with their penal code section 17(b) motion which reduced the charges from a felony to a misdemeanor.

Many criminal charges can be filed as either misdemeanors or felonies, at the discretion of the prosecuting attorney. Even if the district attorney files a case as a felony, the defense attorney, can file a 17b motion and ask the court for the reduction. 17b motions can be filed during the time when the case is open or after the case has been plead out. If the motion is filed during the time that the case is open, usually the judge will look at the circumstances of the offense and the prior criminal history of the defendant when determining whether or not to grant the motion.

If the motion is filed after the case is closed, then as long as the case is a wobbler and the defendant finished probation without ever being sent to prison, the court should grant the motion.

One charge that is a wobbler but in Orange County is almost always charged as a felony is possession of methamphetamine (health and safety code section 11377a.)

In many cases of criminal offense accusations and/or arrests, an Orange County criminaI defense attorney, such as those at Takakjian & Sitkoff have been able to successful in convince the judge to reduce charges to misdemeanors event though the district attorney filed it as a felony.

Contact an Orange County criminal defense lawyer to learn more about how your case can be handled by one of our firm's legal attorneys.