Legal Question in Criminal Law in Wisconsin

reduction of felony after paying restitution

I was convicted in 1997 at 17 years old of party to operate a MV w/out owners consent where multiple vehicles were destroyed. I am finally able to make restitution. is there a way the case can be reopened and conviction reduced to a misdomeanor when I pay the restitution in full. my public defender at the time said that there was a precedence of that happening in another case. Thank you for your time.


Asked on 1/03/06, 1:13 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Reduction of Felony after Paying Restitution

There is no law in WI for automatically reopening a felony for purposes of reducing it to a misdemeanor. However, it is possible to negotiate for such a provision before your case is settled. Although this is rarely done, prosecutors will sometimes agree to it for those who are otherwise "squeaky clean" and live otherwise exemplary lives free from other criminal activity. If this option was not negotiated before you changed your plea, it still may be possible based upon a recommendation from a law enforcement officer. Such recommendations, however, are rare unless the person substantially assists law enforcement. WI law does provide for expungement of misdemeaners committed by those under 21 years of age following several years of productive, crime free life following completion of a sentence and satisfaction of all obligations ordered by the court such as restitution.

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Answered on 1/03/06, 7:54 am


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