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.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Criminal conviction

A criminal conviction may lead to jail time, fines, and/or probation. Felony convictions can also restrict voting rights and access to public assistance.

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