Can I drop a felony charge to a misdemeanor?

Asked over 2 years ago - Jacksonville, FL

I was charged with schemes to defruad (felony) in 2007 the amount I took was $427. I was reading elsewhere that the misdemeanor charge is just $100 dollars less than that. I went into the pre-trial prevention program and did comm. service, and probation for 6 months, also paid restitution. I am trying to get into the military and they are not accepting felony waivers at this time. They are however willing to work with me if I can get the charge dropped to a misdemeanor. I have wanted to serve this amazing country since I graduated in 2007, even completed the 4 semesters of ROTC, but was held back from it because of other family reasons. Then I got into trouble. I was also reading somewhere that this is possible, but I am not sure on how to go about it. Thanks for all the help in advance!

Attorney answers (5)

  1. Adam Lloyd Pollack

    Contributor Level 13

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    chosen by asker

    Answered . The only possibility is if you could convince the prosecutor to refile the criminal charge and allow for you to resolve this as a misdemeanor. I am assuming you successfully completed the program. Most pre trial contracts allow for the prosecutor to reopen a case but only in a very limited situation. Your case is not the typical reason for a prosecutor to reopen. I would suggest that you hire a lawyer and have your lawyer and the military closely coordinate their efforts and then arrange for a meeting with your lawyer (and possibly the recruiter) at the prosecutor's office and request that the charge be reopened and reduced to a misdemeanor. This is completely a long shot and not a usual request. Good luck.

  2. Stephen Andrew Mosca

    Contributor Level 17

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    Lawyer agrees

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    Answered . You cannot drop a felony to a misdemeanor - in fact, no one person can. But your case is compelling and it may be possible under the right set of circumstances.

    I suggest you obtain a certified disposition of your case from the clerk of the court where this all happened and then contact a criminal defense attorney who would be willing to give this a shot. It would require that you successfully completed the program you were place in, your obtaining mitigation and your attorney presenting that and your story to the prosecutor who would then either put up a fight (likely) or agree. Then, it would be up to a judge to go along. As said, this is not impossible, just unlikely. A lot depends on each step, so the first thing is to see what your actual disposition is. Get a certified copy of that and call an attorney. Call Ms. Mesic and I offer free consults, if you wish. Good luck.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  3. Kyndra L. Mulder

    Pro

    Contributor Level 20

    Answered . You will first need to deminstrate to the court that it has jurisdiction to reopen or reconsider your case. Once yoi overcome the jurisdiction issue the court will have limited discretion in allowing you to plead to a lesser charge. Whether the foregoing can be achieved will depend on the facts of your case, the applicable statutes and whether the State Attorney is agreeable.

  4. Yekaterina Mesic

    Pro

    Contributor Level 9

    Answered . If you successfully completed the program charges would have been dropped against you. Did the prosecutor actually filed an information against you at the time? Or did you go into the program before that time, perhaps that makes a difference for the military.

    I will be back in the office on the 29th, feel free to call to discuss further. I am in Jacksonville .

    This is not intended to be legal advise and does not establish and attorney-client relationship. Rather this is... more
  5. Jorge Luis Rodriguez

    Contributor Level 15

    Answered . If your case has been resolved for this many years it is unlikely you can go back and reopen it and get a change in offense level or charge for the reasons you state, but if you want to make sure get a complete copy of your case file from the court and consult a local, defense attorney who does appeals and post conviction relief matters.

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