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What is a 17B Motion?

Updated: 4/29/2024
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15y ago

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A 17b-Motion is a petition to the court to reduce an offense from a Felony to a Misdemeanor, pursuant to Penal Code Section 17 (b). Section 17 (b) of the California Penal Code states: 17. (b) When a crime is punishable, in the discretion of the court, by

imprisonment in the state prison or by fine or imprisonment in the

county jail, it is a misdemeanor for all purposes under the following

circumstances:

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15y ago
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1w ago

A 17B motion refers to a legal request made in some criminal cases to reduce a felony conviction to a misdemeanor. This motion is typically made after the defendant has completed their probation and fulfilled all other requirements. If granted, it can have positive implications for the individual's criminal record and future opportunities.

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How long does it take to quash a motion?

The time it takes to quash a motion can vary depending on the complexity of the case, the court's schedule, and the specific circumstances of the motion. It generally takes several weeks to months for a court to make a decision on a motion to quash.


Can a motion to quash be appealed by the da?

Yes, a motion to quash can be appealed by the district attorney if it is granted by the court. The district attorney can appeal the decision to a higher court to seek a reversal of the decision to quash.


Can you postpone a motion for issuance of execution?

Yes, a motion for issuance of execution can be postponed by requesting a continuance or extension from the court. It is crucial to provide a valid reason for the postponement and comply with any procedural requirements or deadlines set by the court. Failure to do so may result in the motion proceeding as scheduled.


What is a motion hearing?

A motion hearing is a court proceeding where one party asks the judge to make a decision on a specific issue or request. These motions can address various legal matters, such as evidence admissibility, case dismissal, or procedural matters. The judge will listen to arguments from both sides before issuing a decision.


How do you file a motion for restoration of credit for time served?

To file a motion for restoration of credit for time served, you would typically need to draft a formal motion outlining the details of the time served and reasons for requesting restoration of credit. This motion would then need to be filed with the court that handled the original sentencing, and a copy should be served to the prosecuting attorney. It is advisable to seek guidance from a lawyer to ensure that the motion is filed correctly and to increase the chances of a successful outcome.