Skip to main content

What is required to get a Class D felony DUI reduced to a Class A misdemeanor or possibly expunged from my record?

Martinsville, IN |

This was a second dui in 5 years. My attorney had told me that I could get it reduced when I was sentenced 3 years ago after I completed my probation which is up in Oct 2011

+ Read More

Attorney answers 2

Posted

You should go back and ask your attorney. Your attorney knows your case better than any of us. If your attorney said it can be done there must be a plan.

Wayne R. Foote, Esq.
Board Certified OUI Defense Law Specialist
by the National College for DUI Defense, Inc.
Law Offices of Wayne R. Foote, PA
344 Mt. Hope Ave
Bangor, ME 04401
(207) 990-5855
(207) 990-5858 (fax)
www.lawyersmaine.com
"Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

Paul Stanko

Paul Stanko

Posted

The Indiana Code was amended effective July 1. There are now additional ways to have a Class D felony conviction reduced to a Class A misdemeanor. Here is a link to the sentencing provisions of the Indiana Code at the official state web site: http://www.in.gov/legislative/ic/code/title35/ar50/ch2.pdf You should definitely consult with your attorney concerning these very recent changes in the law!

Posted

Indiana has a process called "Alternate Misdemeanor Sentencing" or AMS. It sounds like your attorney was able to negotiate for AMS on the back end of your probation. Generally, you want to do anything possible to avoid being a felon. Contact your attorney as soon as possible. Some counties require an actual petition for AMS. Some counties put a time limit on when this petition can be filed.

Good luck!

This is not legal advice. Legal advice can only be obtained from a lawyer after you have entered into an attorney client relationship.

Michael T. Scarton

Michael T. Scarton

Posted

I agree with Mr. Lopez. You should start with the lawyer who handled your case.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer