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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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I was charged with a felony and was put on diversion. I had

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I was charged with a felony and was put on diversion. I had a few mishaps, none of which were intentional, my license had been suspended when it wasnt supposed to be and I was driving someones vehicle who had painted over their registration sticker. I have court next week. I have not been in any trouble, have obeyed my probation and paying my restitution. given my violations, what are my chances of just being taken off diversion and being charged with the felony? If that doesnt go over, what are my chances of them letting me do home incarceration in a different county? I had never been in trouble EVER in my life, im 32 until this point. what would you suggest? is there anything i could do or say to the judge that may push him to be easy on me?
Welcome to JustAnswer.

What felony were you originally charged with and were there any violations other than the two you mentioned?
Customer: replied 3 years ago.

Abuse of an elderly person over i think $500. My parents had wrote me a check and had forgot about it, they are both disabled and my father has dementia. I was out of town and they called the bank because they were missing money from their account. They filled out papers from the bank and they got their money back. Well, even though, my mom finally realized she had wrote the check, it was too late and I had been charged. There are only the two violations, there had been another because I hadnt reported to probation right after i was charged because my mother was in ICU almost near death, but i did make contact to let them know that.

Ok thanks. You said your license was not supposed to have been suspended. Can you explain?
Customer: replied 3 years ago.

I had an unpaid ticket in indiana, which i finally paid once i realized theyd suspended my license (that was because I was pulled over for a broken tail light and the officer let me know). But because of the broken tailight, he charged me with driving on a suspended license, which was settled. I haver an inidiana license but was pulled over in kentucky, so kentucky had my license resuspended apparently. Well, after all this was cleared, and was supposed to be settled, i was pulled over again in the car with wrong registration in which they informed me it was still suspended. Indiana has my license suspended because kentucky suspended it. Ive been trying for two months to get it fixed and indiana says talk to kentucky, kentucky says talk to indiana. its absolute insanity

Customer: replied 3 years ago.

it was like a domino effect and now neither BMV knows what to do, so ive thought about going to Dept of transportation to see how to resolve it

Wow, what a mess with your driver's license. I can empathize with your frustration dealing with government agencies.

I am sure you realize I cannot answer your question with absolute certainty. So much depends on the attitudes of the judge and prosecutor you have. However, those are relatively minor violations. You will probably get a lecture, but I find it unlikely that they would reinstate the felony for what are essentially traffic violations.

Of course, when you go to court or talk to your probation officer you should not act like they are minor or insignificant. If you have any receipts for payments of your tickets, DL reinstatements, notices of reinstatement, and/or something to show the painted over registration car was not yours, I would bring those to court with you. You probably won't need then but better to have them and not need them than the reverse.
Customer: replied 3 years ago.

Thank you so very much for your input. You're response and answers have helped very much. I wish i had you as my lawyer because i have a public defender and no offense to attorneys, but she is just terrible, every public defender ive dealt with has been terrible. I have all of that information that i am going to take to court with me. My judge and prosecutor are pretty harsh people, but i was hoping to say in court on tues basically "Ive gone through a rough patch in my life, which is no excuse for what I have done, i had a few violations of the agreement we had for diversion, but since that, i have been on the straight and narrow, I do completely understand if its the courts decision to give me a felony charge, but i plead to give me a second chance and let me prove the court wrong...that i am not a criminal". i understand they hear stuff like that everyday, but being that they know how to read people and will know its sincere may help i would hope. Could there be anything else i could offer to them that may help? weekly probation appointments, etc?

(1) I understand your frustration with your public defender. I'm sorry you got a bad one. There are good and bad public defenders and there are good and bad private attorneys just like there are good and bad in any profession. I can't tell you how many times I have seen someone who had a good public defender hire a bad private attorney. I realize it is hard for lay people to know the difference.

(2) Generally your plan planned speech is good. I would take out the "I am not a criminal" line. Because they will assume you committed the crime you were charged with and that would be definition make you a criminal. I think the tone of your speech is remorseful but positive which is good. If you can give concrete examples of how you are on the "straight and narrow" (i.e., work, school, anything that shows you are responsible member of society) that would be even better.

(3) If you have an employer, minister, or older family member who can go with you as a character witness, sometimes that helps. Depends on the judge. That's important to some and not others. They don't want to hear from ten people though. One to three at the most. If you can't get people to come to court, ask them to write the judge letters before your hearing date.

(4) Ask your probation officer if there is anything else you can do.

(5) Ask your attorney for advice on anything you can do to put yourself in a better light before this particular judge. Judge's are human so what is important to one may not be important to the other.

Best of luck to you. I believe that court will work out ok for you, and I don't expect to see your picture on wanted posters at the post office anytime soon. :)
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