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Ask Virginia Trial Lawyer Your Own Question

Virginia Trial Lawyer
Virginia Trial Lawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 68
Experience:  Former Virginia prosecutor, now private practice attorney specializing in criminal defense & divorce
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I pleaded guilty to a 4th degree grand theft in May 2008, working

Customer Question

I pleaded guilty to a 4th degree grand theft in May 2008, working and getting unemployment. I was sentenced to probation and 100 hours of community service in which I have completed.   I now want to take my guilty plea back because I figure that the 4th degree felony could have been negotiable to a lessor degree like the highest misdameanor anything but a felony. How do I go by going back to court to change my plea. This is in Montgomery county, Dayton, ohio. Please help because I need to get this felony off of my record. I can't get this felony expunged because I have a prior felony in which it's been over 20 years since I got the felony. I really need to know what to do to get this felony offense lowered to a lessor offense. Thank you Michelle
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Virginia Trial Lawyer replied 5 years ago.

Hi. I think I can help, but I have a question for you.

 

What state are you in?

 

Virginia Trial Lawyer

Customer: replied 5 years ago.
<p> </p><p> </p><p>I live in Dayton, OH Montgomery County common pleas court</p>
Expert:  Virginia Trial Lawyer replied 5 years ago.

In Ohio, you may file a motion to withdraw a guilty plea at any time within 6 months after the entry of the plea. However, be aware that such motions usually fail. The courts see them as a form of buyer's remorse. The best chance you have for success is to get the prosecutor to join you in the motion to withdraw.

 

If you fall outside the 6 month window, you may file an appeal to the Ohio Court of Appeals, but that appeal must be grounded in fact and law, such as the conviction or sentence were contrary to the law, you were denied proper discovery, or your rights under the 4th, 5th, 6th, or 14th Amendments were violated.

 

Sorry my answer isn't better news.

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