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Felony reduced to misdemeanor disambiguation

Open michaelzhang43 opened this issue 1 year ago • 0 comments

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

michaelzhang43 avatar Feb 07 '23 15:02 michaelzhang43