Legal Question in Criminal Law in Michigan

Sentencing

I accepted a plea bargain for a charge attempt to use personal identification without authorization. which carries a 2 1/2 year felony. I go for sentencing on the 25th of feb. I don't have a record and I want to know is there anyway I can stop the felony for going on my record. Can it be reduced to a misdemeanor?


Asked on 2/04/03, 10:55 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Sentencing

If you pled guilty to a charge that's a felony, then you're going to be convicted for a felony. The judge can't change the label to a misdemeanor just because you "don't want a felony" on your record.

If the felony issue is really a big deal for you, talk to your attorney about filing a motion to withdraw your plea. If it's granted, you might be able to renegotiate the case with the prosecutor to a misdemeanor. But you've got two big hurdles to cross. First, it isn't easy to convince judges to let people withdraw guilty pleas, unless you can present a legitimate factual defense to the charge. (Stated differently, buyer's remorse or second-thoughts are not a good enough reason.) Second, why would the prosecutor reduce it lower, to a misdemeanor?!?

If you can't get your plea withdrawn or renegotiate, and if this case would be your ONLY criminal conviction (felony or misdemeanor) in your entire life, then you could get it expunged after you have kept your nose completely clean for 5 years beyond the date when your current case is closed (ie, 5 years after your probation ended).

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Answered on 2/04/03, 11:27 am


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