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What is the statute of limitations on overturning a conviction from a misdemeanor to felony

Jacksonville, FL |

my daughter was killed 8/2/07. i was not allowed to present my evidence in court. i have sworn statements that the driver was DUI

Attorney Answers 3

Posted

If I understand your question... Your daughter was killed in a car crash. The driver of the other vehicle was prosecuted, but for a misdemeanor, not a felony. You want to know if you can have the charges changed from misdemeanor to felony years later. My condolences regarding your daughter. This must be a horrible event to go through, but unfortunately, I do not believe that there is anything that you can do.

The state has the final decision on what charges the driver faced. The state decided and he/she was prosecuted. He/she cannot now be prosecuted again based on the same event. You have no power or authority to get the charges he/she was convicted of increased to felony level since he/she has already plead guilty.

I am very sorry.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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Posted

The statute of limitations does not apply in your situation. If the defendant plead and was sentenced to a misdemeanor the charges can not be increased to a felony.

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Posted

There are so many rules of evidence that exist to help ensure a defendant is guilty beyond all reasonable doubt based on sufficiently reliable evidence. Sworn statements are among the things that criminal Courts have deemed generally not admissible in court, due to a Defendant's right to confront (cross-examine) the declarant. Sometimes the guilty do get breaks because our justice system has such safeguards in place. I expect you have done this, but if not, contact a civil attorney regarding a civil suit--the burden of proof is lower in a civil case than in a criminal one, and perhaps you may achieve more justice for your daughter. My sincere sympathies.

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