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

Asked over 2 years ago - 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)

  1. John Skyler Riordan

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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... more
  2. David Richard Damore

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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.

  3. Gwen Cryer

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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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