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I was charged with a operating after revocation while going to court for my fifth owi and then a felony charge for bail jumping

Fond Du Lac, WI |

but while going to court on my fifth owi my second offense owi was dropped because i was wrongfully convicted so can i still get a felony bail jumping on the oar case in a different county if the fifth offense is now a fourth and not a felony and i couldn't be charge with a fifth offense operating while intoxicated ?

Attorney Answers 1

Posted

Your post is somewhat difficult to unpack. But, I believe your 6th Amendment right to counsel was violated during your OWI-2nd case. Thus, an attorney brought a collateral attack challenging the OWI-2nd conviction; and this attack was successful. The OWI-2nd conviction was then knocked out. So, the OWI-5 felony was amended to an OWI-4 misdemeanor.

While you had an OWI-5 felony, you received an OAR and a felony BJing charge. You now want to know if the BJing may still be charged as a felony. Ultimately, that is up to the prosecutor. You now have solid grouds to convince the prosectuor to amend the felony BJing to a misdemeanor. I believe, however, the State may pursue the felony if you were appropriately charged with a felony at the time the BJing occurred.

This is an interesting legal issue, which requires the services of a retained attorney. You obviously have an attorney advocating on your behalf. You should discuss these issues with him/her, as s/he will be in the best position to answer your questions.

Good luck!

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