Felony reduced to a misdeamenor
I have a class d felony reduced to a class A misdeamenor. The entire cause was reduced. The felony was for my second dui with a prior. Do I have to mark yes to the question, ''have I been convicted of a felony?''
3 Answers from Attorneys
Re: Felony reduced to a misdeamenor
If the felony was indeed reduced to a misdemeanor, then your answer is no. There would seem to be some small confusion however since in Illinois there is no Class D felony. Felonies are classed by numbers in Illinois. For more information about the Illinois felony process please visit our website at http://www.shestokas.com/Felony.html
Re: Felony reduced to a misdeamenor
You will know by the wording of the conviction or plea agreement if you have a felony. One tip is whether the court had the power to send you to jail for at least a year (even if it chose not to).
Re: Felony reduced to a misdeamenor
If, by the time you either plead guilty or were found guilty, the charge was a misdemeanor and not a felony, then you would not need to answer "yes" to the question of whether you've been convicted of a felony, at least as the question relates to the DUI case you mentioned in your question. You have not been convicted of a felony until a) you are charged with a felony; and b) the judge enters an order or judgment of conviction on that felony charge. If the case was reduced to a misdemeanor, then you should only have a conviction for a misdemeanor, not a felony.