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Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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Is there any way to have a felony charge reduced, post conviction,

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Is there any way to have a felony charge reduced, post conviction, to a misdemeanor, if the defendents supposed crime was commited without his knowledge of it being an illegal act. My brother was working as an independent, part time consultant with a company doing gov't contracts. He had only been working for the company for a few months. Unknown to him, the company was being investigated by federal authorities. Some time during the time he worked for them, one of his companies clients had asked him for some advice/info on a farm tractor. My brother had owned a horse farm, so he knew alot about tractors. He helped they guy out by giving him the information, and his boss later asked if my brother would do the client a favor and pick up and deliver the tractor he eventually bought. Long story short, the company got busted, the co's officers were convicted, one of which who it was proven had pilfered millions, and my brother was given a felony conviction for delivering a tractor.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 7 years ago.

Post conviction relief can be used to vacate a conviction and/or seek a new trial. However, the basis for doing so is taxing. It generally requires that there is: (1) new evidence; (2) juror misconduct; (3) prosecutorial misconduct; (3) recantation by witnesses; (4) judicial misconduct; (5) ineffective assistance of counsel.


If nothing has changed, there is no basis for such a motion. Negotiations for a lesser offense or for a charge reduction after a certain period of time (often called a Stay of Imposition) would have had to occur before the plea was entered and made a part of the sentence.


I am sorry for your troubles.



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