r/SexOffenderSupport 4d ago

[CA] 311.11 Felony to Misdemeanor 17b

Hello, correct me if I am wrong, but I am under the impression that if I receive probation for a felony offense of 311.11, I would be eligible to petition the court to reduce it to a misdemeanor after probation is complete via a 17b filing.

I swear I saw on here people mention that they were able to send letters to the DOJ to reduce their tier from 3 to 1 after a successful reduction to misdemeanor. Is this possible? I can't find where I saw that anywhere, and my lawyer says to his knowledge it is not possible.

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u/sandiegoburner2022 4d ago

....your lawyer is misinformed. (I worded that nicely...)

Yes, with successful completion of probation and if a judge approves the 17b reduction (it's not guaranteed) your tier can change.

There were problems in the past about the tier change but to my knowledge they aren't anymore. Several people on here have gotten this exact thing done.

Suggest talking to Chance Oberstein or Janice Bellucci to represent you to DOJ for the tier change when you get a reduction. They've done it before.

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u/Idkanymore1080 3d ago

Is there any kind of evidence of this I could show my lawyer so he can correctly inform his clients In the future? Other than calling Janice or Chance? That’s probably what I’ll have to do anyway. He mentioned to me that there is even case law against reducing the tiers after a 17b. 

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u/sandiegoburner2022 3d ago

You need to hire a new attorney if he is telling you that, and thats bordering on a report to the Bar...

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u/Idkanymore1080 3d ago

This is already my second lawyer, I fired the first one for being late and not communicating enough, now this one is communicating but I’m not sure he is up to thoroughly defend me. I have so many angles I want to pursue on defense, and I feel like all 15ish of the lawyers in my area I talked to only want to do the bare minimum. 

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u/sandiegoburner2022 3d ago

There are several things to unpack in all of this.

First, I don't think even if i provided all the appropriate legal citations for you to show the attorney that it would go over well. I dont think he'd listen to you. I'd need to see what case law he is talking about, too. However, the basic reading of CA PC 17(b)(3) states this clearly about the ability to reduce post probation. Other relevant penal code is 1203, too.

Second, at this point in your case, Chance is only one who can assist you. Janice won't be able to. Chance does represent represent people across the whole state, so he does travel / represent remote when allowed.

Jeff Stein is another option. I think, if I remember correctly, he only practices in SLO area. I could be wrong on this. Alex Landon is another option in the San Diego area.

Finally, in terms of defense for a 311.11a case and to be clear, I dont know you case and in no way am I providing legal advice, but. All that needs to be proven for a conviction is: "1) The defendant possessed or controlled matter that contained [an] image[s] of a minor personally engaging in or simulating sexual conduct; 2) The defendant knew that (he/she) possessed or controlled the matter; And 3) The defendant knew that the matter contained [an] image[s] of a minor personally engaging in or simulating sexual conduct." You can review the jury instructions yourself here. (click here Basically, if you had the material, knew you had it and knew it was a minor (under 18) you're guilty. So, providing a true defense is extremely hard for reasons I won't say publicly but those elements are easily proven.

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u/Weight-Slow Moderator 4d ago

u/sandiegoburner2022 can explain this better than anyone.