I signed for probation in court and violated on mistirminor probation . I had a felony originally but the state dropped it down and wonder if I will be punished by felony or mistirminor punishment i
No, it cannot be elevated back to a felony. There's a constitutional provision against that. However, depending on what was actually done, the State might be able to bring charges abandoned so long as limitations have not expired. Consult with your lawyer, who would be the one to know. Good luck.
No they cannot - part of the deal was to make the charge a misdemeanor and place you on probation - if you violate probation you are subject to the sanctions that you were told about at the time you took the plea.
You will be punished with misdemeanor punishment if you are revoked. You also have a right to a hearing and a lawyer, if it's any higher than a Class C misdemeanor. Mr. Wooldridge is quite accurate on any waived and abandoned charges or counts in the indictment that may have been part of the plea bargain. Best of Luck!
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You won't be facing a potential felony punishment but many prosecutors and Judges look at your prior reduction as a "break" that you've received already. As such, they might be less willing to extend you a plea bargain that you like and a Judge might be more likely to "hammer you."
That won't necessarily happen on every case but it's something to be aware of if the state attempts to revoke your probation. Be ready to hit the ground running with an attorney to try and find the best way to either prove you didn't violate the terms of your probation or work with that attorney on the best way to minimize the damage based on some to the good things happening in your life.
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