Can I Keep a Felony Off My Record?
We receive many e-mails from people asking, "What can I do to keep a felony off my record?" or "How can I get my felony charges dropped?"
Even so the circumstances of each criminal case could be totally different and only your attorney can recommend you what approach to take, this article will provide some helpful information.
What Affects the Outcome
The outcome of any criminal case usually depends on three main factors:
- The undisputed facts
- How skillful is your attorney
- Your prior criminal record
Let’s look at each of these factors separately.
Facts are facts. It is hard to change the facts. The police can have bystander’s testimonies, the DNA evidence, or hair analysis to prove that the defendant is guilty.
Still, some evidences can be challenged. A good example would be a "chain of custody", which, in essence, means that the evidence was tempered and cannot be used as an evidence in a court of law. Read our article "Facing Drug Charges in Las Vegas" where we explain how the "chain of custody" defense works in drug possession cases.
Felony Can Be Downgraded
A felony can be reduced to a misdemeanor or, sometimes, dismissed all together.
Reducing a felony to a misdemeanor or, even better, getting a felony dismissed is an art and a science. Often it is based on your attorney negotiation skills and includes filing motions to the court.
The attorneys at Heshmati & Associates handle hundreds of felony cases every month and routinely reduce or even dismiss criminal charges. Read about our criminal defense Case Results.
Filing a Motion
There are many motions attorneys file in criminal cases, but the most common are: motion to include or motion exclude the evidence. All motions must be filed before trial.
Sometimes legal motions to exclude evidence are filed to accrue leverage, so that a better deal can be struck for the clients. In many cases the deal can be reached before the judge makes a decision on the motion. This avoids the risk associated with potentially losing the motion.
You can win or lose a motion. Winning a motion to exclude evidence increases the defendants chance of winning, therefore, it results in more favorable outcome for the defendant. However, losing a motion will have a negative effect on the outcome of your case.
Each criminal case is different. You need to talk to a criminal defense attorney to find out if filing a motion is recommended in your case. To speak to an attorney directly call Heshmati & Associates at 702-432-1000. Initial consultation is always free.
Can the Felony Be Reduced to a Misdemeanor?
The only one way to know if your felony can be reduced to a misdemeanor or dismissed is to speak with a licensed criminal defense attorney who practices law in the same court you are charged.
Prior Criminal Record
Depending on if the case is your 1st, 2nd, or 3rd offense, the sentencing could be very different. The defendants with prior convictions can expect to get a harsher punishment. Read our article "Drunk Driving (DUI) Charges" to learn how different the sentencing can be in DUI Cases depending on your previous convictions.
Sealing a Criminal Record
Another option to keep a felony off your record is to seal your criminal record. If a criminal record is sealed, you can answer "no" when applying for a job, school, or housing. You can also deny that you have a criminal record to your friends and family.
Not all records can be sealed. There is a time period you have to wait before sealing a criminal record. The attorneys at Heshmati & Associates seal criminal records all the time. For details or to find out if your criminal record can be sealed, call at 702-432-1000. Often we can tell you on a phone if your record can be sealed.
We Can Help
Have more questions? Need to know what can be done in your case in order to keep a felony off your record? Give us a call at 702-432-1000.
The criminal defense attorneys at Heshmati & Associates represent clients in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Laughlin, Mesquite, Clark County and throughout the surrounding areas of Nevada.
The office of Heshmati & Associates is located at 515 S. 7th Street in downtown Las Vegas.
Payment plans are available.
Walk-ins are welcome.
Initial consultation is always free.
Additional Resources: Felony Charges
Supreme Court - Felony Charges. The Nevada Supreme Court has a rotating 3 judge panel that hears cases from across the State of Nevada. Many of its decisions can impact not only State law in Nevada but also affect other states. Its latest decisions are often closely followed by attorneys across the state. They also provide the Online Case Lookup.
Nevada Revised Statutes - NRS. The Nevada Revised Statutes is a comprehensive code for all the statutory law in Nevada. Federal Law can preempt some State laws and the Nevada Supreme Court can invalidate or change some statute statues. The best way to determine whether a specific state law applies to you is to speak to a Nevada licensed attorney.