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I have a D felony, how can I get it turned into an A misdemeanor?

Merrillville, IN |

This happen in the state of IN. I received 18 months probation an got general discharge.

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Attorney answers 3

Posted

Your attorney needed to have negotiated Alternate Misdemeanor Sentencing (AMS) when you were sentenced.

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

Posted

If you were sentenced pursuant to a plea agreement, the plea agreement would need to include language allowing, or not objecting to, a modification of the D felony conviction to a class A Misdemeanor. A recent Indiana Supreme Court decision, State v. Brunner, holds that the trial court is without authority to modify the sentence from a Class D Felony to a Class A Misdemeanor (other than at the original sentence date) unless specifically included in the plea agreement.

Posted

I would need more information. What does the plea agreement say on the issue? How long ago was the conviction..you may be able to seal the record of conviction. I just need more info.

This is an answer to a legal question posted on AVVO with limited facts and should not be construed as creating an attorney client relationship.