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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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My husband was charged in PA with a DUI second before ten years.

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My husband was charged in PA with a DUI second before ten years. He was sentenced and was charged with a misiminor. He did he time in Pa and is on probation for 5 due to other charges for not having his license, etc.
Here's the problem, we moved to florida and just found out he was charged with a felony.
His probation officer said because he is on probation for more than a year they changed it.
They never told him of this if we had known we would not have moved to florida
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TexCrimLawyer, J.D. :

They can't change the charge in that manner. Does he still have his paperwork from his plea?

Customer: replied 6 years ago.

Yes he does

Everything saids misamenor

The probation officer is wrong. First off, there are ex post facto laws that prevent the state from doing that. Second, one a person has been sentenced, their punishment is more or less set in stone.

 

You said he is on probation for 5 years. Is there more to his case than just a second DWI? 5 years is a very long time for DWI 2nd. Generally the person is on probation for less than 2 years.

Customer: replied 6 years ago.

 

He had drug par. 1 yr

Second dui within 10 yr 5 yr

 

OK.

There are two possible explanations. Either the probation officer is wrong or he meant that he is transferring his probation to a felony probation officer because the length of the probation is so long. In no circumstance can the court change a charge to a felony after the plea. I would call the court or the DA to find out what is going on. Obviously the probation officer is confused.

 

I hope that answers your question. If so, please click the "Accept" button. Good luck.

Customer: replied 6 years ago.

 

Which court florida or pa

The probation officier said because it was 5 yrs it is a felony in the state of florida

He was transfered to florida only for probation

You need to have the DA write a letter to the Florida probation telling them it is not a felony. Before you do that, make sure that they aren't just transferring him to a felony probation officer (that doesn't make a difference in the charge, just who is supervising him). Often times probation offices have felony officers and misdemeanor officers. They may just transfer his supervision to a felony officer because of the length. Let me reassure you that his charge has not been changed to a felony.
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