QUESTION:

I was arrested for 2nd degree burglary and sentenced 120 days in slo county. I was given a surrender date but I didn’t return .
I was picked up on a no bail warrant & spent 7 days in custody then they released me
I had a FTA but filed for prop 47 & they issued a bench warrant . Denied prop 47 & I don’t have a criminal history
My question is since I was able to bail out I’m going back to court would this be a misdameanor cuz if it was a felony I wouldn’t get bail. Right?
Since I have almost 45 days into my 120 would I be able to get prop 47 n just be on probation?

ANSWER:

Not all Second Degree Burglaries are eligible for Prop 47 reductions. Prop 47 went into effect nearly 2 years ago, and generally open cases were modified into misdemeanors. But some slipped through the cracks, especially Second Degree Burglaries.Your motion might have been rejected on a technicality. You should consult with a lawyer.

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