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drstoll
Nov 24, 2011, 10:27 AM
I was charged with Falsification in 2003, I pled guility to this charge, I was sentenced to 1 year community control, under the supervision of Adult Probation. I am now informed that that charge was a misdemeanor (1) my charge was a Feiony (4).
I pled guilty to this charge only and the other charge was nolled. This charge or the pled of guilty to Falsification Senate Bill 2 is this charge a Felony or a misdemeanor ? If it is a misdemeanor how do I go to correct this charge ? Thank you
Dr Stollings

excon
Nov 24, 2011, 11:00 AM
Hello Dr.

What are you trying to do? If the conviction is causing you trouble NOW, there may be another way to address it...

In the first place, there's no way to tell whether you were charged properly or not.. That was the job of your lawyer... But, if it wasn't corrected then, it's not going to be corrected now. You plead guilty. You were told that a guilty plea to the charge was FINAL, that you have no appeal, and you were asked that question several different ways.. That means your case is OVER. It won't be opened up again.

Instead, I'd seek to have my record expunged. You'll need a lawyer for that too.

excon

Fr_Chuck
Nov 24, 2011, 11:11 AM
If they improperly charged you at that time, had you plead not guilty and was convicted, you may have grounds to appeal ( but even then the time is limited)
But if you did not have an attorney or if you had one and they did not check the charge against the facts, then now is too late. Once you plead guility you accepted the charge as a fact and correct.

Often the DA will "over charge" so that they can accept a plea to a lower charge, or reduce it prior to actual trial.
If you merely plead guilty without any plea agreements or without asking for a better deal, that is an attorneys fault.

But at this point, you could go to the governor to see about getting a pardon for being wrongfully charged ( don't count on it, but you can try. Or hire an attorney and get it explunged from your record.

unrulykatsis
Aug 7, 2012, 03:52 PM
My sister was arrested and charged with a 1st degree misdemeanor and falsification. She was got sick and pulled over to let her illegal boyfriend drive . She lied about his name and he is being deported and she is being charged with above charges . What is the probable outcome?