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Under ORS 161.705, certain Class C felonies, including certain traffic convictions, are eligible to be "reduced" to Class A misdemeanors. In the online public records, the charge's corresponding statute number is switched from the original charge's statute number to 161.705 (or 161705). However, the type-eligibility rules still apply, and so if the underlying charge was a traffic conviction, it is still not type-eligible.
Therefore, for every charge with 161.705 as the statute number, list it initially as Needs More Analysis, and then ask the following:
Was the underlying conviction a traffic offense?
Yes - Ineligible
No - Type Eligible, becomes Eligible on Class A Misdemeanor timeline
The text was updated successfully, but these errors were encountered:
wittejm
changed the title
Felony reduced to misdemeanor disambiguation
Felony reduced to misdemeanor disambiguation (estimate: 5-10 hours)
Feb 16, 2023
wittejm
changed the title
Felony reduced to misdemeanor disambiguation (estimate: 5-10 hours)
Felony reduced to misdemeanor disambiguation
Feb 16, 2023
Under ORS 161.705, certain Class C felonies, including certain traffic convictions, are eligible to be "reduced" to Class A misdemeanors. In the online public records, the charge's corresponding statute number is switched from the original charge's statute number to 161.705 (or 161705). However, the type-eligibility rules still apply, and so if the underlying charge was a traffic conviction, it is still not type-eligible.
Therefore, for every charge with 161.705 as the statute number, list it initially as Needs More Analysis, and then ask the following:
Was the underlying conviction a traffic offense?
Yes - Ineligible
No - Type Eligible, becomes Eligible on Class A Misdemeanor timeline
The text was updated successfully, but these errors were encountered: