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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27418
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How can misprision of felony be a felony. Because its on federal

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How can misprision of felony be a felony. Because it's on federal court? I mean how can one justify to be a misdemeanor. My husb did something 5 yrs ago, I had no knowledge yet he confessed and stated I was aware months later. So now I'm being charged this to cut me a break(supposedly). First time offender, and works for the govt, how can I get this expunged or at least to s misdemeanor charge?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

Here is the Federal Misprision of Felony charge. It is a felony offense, which need not require a jail sentence but which carries a maximum penalty of three years in prison. Unfortunately, even were they to come off of this charge and offer you some kind of a misdemeanor option, there is no such thing as an expungement of a Federal conviction, unless it's a first drug offense and you're under 18. The only way to mitigate the effects of a Federal conviction would be to apply for a pardon from the President of the US and have it granted.

You are not required to take any plea agreement, of course. If your husband's confession that implicated you is a falsehood, you can certainly choose to go to trial on the case. Your maximum risk would be 3 years. You will need a Federal criminal lawyer, and a good one. The conviction rate for Federal prosecution is 98%. They can lose cases, but they are known for their thorough investigations. They do not file charges until they believe that they have in hand the evidence needed to win.

Sorry to be the bearer of bad news
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