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Unless otherwise required by law, a motion must consist of at least the following: A notice of hearing on the motion. The motion itself. A memorandum in support of the motion or demurrer (referred to as points and authorities)
Does Penal Code 17B restore gun rights?
California State Law Under California law, a Penal Code 17(b) reduction of a felony charge to a misdemeanor is usually the quickest and easiest to obtain option for restoring your gun rights under California law.
How severe is a class B misdemeanor?
A person convicted of a class B or level 2 misdemeanor would typically face a lesser punishment, such as up to 60, 90, or 180 days in jail. The possible fine is also usually less. Whether someone would go to jail based on a class B or level 2 misdemeanor depends primarily on the persons rap sheet.
How many days notice for a motion in California?
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery.
What does 17B mean?
In conclusion, California Penal Code 17B provides individuals convicted with the possibility of having a felony reduced to a misdemeanor. This process can result in lighter sentences, restitution of rights, and improved prospects for employment.
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A Penal Code 17(b) motion is where you ask the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either a misdemeanor or a felony.
What is a 17B motion in California?
In California, a motion to reduce a felony to a misdemeanor is called a PC 17(b) motion. This article is a brief overview of PC 17(b) motions and other closely related issues. For further information, contact our criminal defense attorneys for a free consultation.
What is a motion to stay in California?
(a) Motion for stay Any party may file a motion for an order under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the court may stay the proceedings on its own motion.
Related links
Rule 3.1112. Motions-and other pleadings
A motion must: (1) Identify the party or parties bringing the motion; (2) Name the parties to whom it is addressed; (3) Briefly state the basis for the motion
Notice of Motion and Motion must also be served on the local child support agency of the county where the action is filed. Service of the motion on the
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