Legal Question in Criminal Law in Indiana
multiple felony dropped to lesser charge
My son at age 17 - 18 had been chatged with a felony of possesion of stolen property. Both were on the same date, and he did plea agreements for one involving home detention and prob. for a yr. after it will be dropped to lesser offense. But with the second case of the same charge in different county. They said it may not be dropped as a felony due to the 3 yr. rule. Is there any case that we can refer to to see if the felony can be dropped to a lesser charge. The prosecuter said if such case can be found it is possible to drop to lesser charge.
1 Answer from Attorneys
Re: multiple felony dropped to lesser charge
Hello. Whether to drop a charge from felony status is within the discretion of the Office of
the State's Attorney since that office is bringing the charge. Your son may want to consider hiring an attorney who can do the preliminary motions to see if the case can be
dismissed on a technicality. Otherwise, he is at
the mercy of the system. He can always plea bargain. This is really something that you and he should sit down and discuss. Also, he should
not be making any statements to the prosecutor.
They (will) use it against him. I will be happy
to answer any additional questions that you may
have. Believe it or not, your son has other options.
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