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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113505
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If a criminal case has three charges as follows........... Case

Resolved Question:

If a criminal case has three charges as follows...........

Case # XXXXX
001: BURGLARY - (felony)
002: CRIMINAL MISCHIEF - (misdemeanor)
003: DRIVING ON SUSPENDED LICENSE - (misdemeanor)

Disposition: 7/1/2009
001: DISMISSED
002: GUILTY; 2 YEARS PROBATION
003: DISMISSED

Since a FELONY is the highest charge and still part of the case would this still be considered a FELONY case even though the Felony charge was dismissed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
No, since the felony charge was dismissed it is only a misdemeanor conviction. What counts is your convictions, dismissed charges do not count.


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Customer: replied 5 years ago.

Okay -

 

I do understand that it is only a misdemeanor conviction but would the case in-whole be labeled as a FELONY case since the highest level charge was in fact a Felony?

 

In other words when I have to pick a Case Type for this case based on the following format, what would I pick?

 

CASE TYPE: __________________ (must enter EITHER Felony or Misdemeanor)

Expert:  Law Educator, Esq. replied 5 years ago.
It is a misdemeanor type case, the felony no longer exists as it was dismissed.

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