How can I get a DUI felony charge reduced to a Misdemeanor. 2 DUIs within a five year period; One in Dec. 1988 and One in Apr. 1992.
Considering they were both so long ago, are you saying you've already been convicted of them then?
YES; BUT ISN'T THERE SOMETHING I CAN DO TO HAVE THE Felony STATUS REMOVED OR REDUCED SINCE THERE WASN'T ANY PROPERTY DAMAGED OR PERSONAL INJURIES THAT'S KIND OF TAKING IT TO THE EXTREME TO MAKE IT FELONY
My internet connection is down and I'm responding by phone. I will answer your question once I can get back online. Thank you for your patience.
My internet connection is back, thank you for your patience.
. No, unfortunately that is not legally possible. As I detailed above, the time to dispute a charge or seek to have it dropped or reduced would be while it is still pending. Once you enter a plea or get convicted at trial, the case is then closed. At that point, absent an appeal or some other form of post-conviction relief, the case is done.
As to an appeal or post-conviction relief, and again as detailed above, the time to do that ran about twenty years ago. I'm sure this is not what you want to hear, but twenty years later, there is no viable avenue available to you to now have the charge reduced.
I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck! .
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
I have 15 years experience in criminal litigation including several years as a felony prosecutor
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).