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Can someone LEGALLY be charged with a misdemeanor. It's dismissed. No new charges. Yet be convicted of it. Only now as a felony
Anonymous3 views4 answers
Arrested with 3 charges 2 felony and 1 misdemeanor. 1st appearance judge dismisses the misdemeanor. 6 months later 1 of the 2 felony charges is vacated. 1 felony charge remaining and I took a plea for fear of the outcome of trial and the chance it would take 2-4 years before I am even heard as I sit in jail. Walk free with no time or wait and maybe get 17 years for my first arrest over someone else's little drug bag. PLEA!!!! Standing in front of judge as my plea is read and all that goes with it. Boom, here is the dismissed charge being read and now it is a FELONY. I was never recharged for anything nor ever told about it period. Said something to attorney. He said something to D.A. I was told it could take a while to work it out. So back to jail and wait or leave? Leave. Is this legal!
I need more information to make a complete answer - you should ask your lawyer who is familiar with your case to better explain it. It is not uncommon for prosecutors to send a case to grand jury for indictment if a judge dismisses a warrant however.
What do you mean leave? If you have an attorney, you need to be asking exactly what happened. You have to enter a knowing, voluntary, and intelligent plea to any charge and it sounds like something went sideways. The State can certainly re-file a charge if it is within the statute of limitations and has not been dismissed with prejudice.
It sounds like your lawyer hasn't explained your case and the law to you. You need to ask your lawyer these questions as he is in the best position to answer your questions.
