QUESTION

Breaking and entering with intent to commit a felony

Asked on Jun 25th, 2014 on Criminal Law - Massachusetts
More details to this question:
Hi my name is Jared, in 2008 I was arrested for breaking and entering and receiving stolen property over and under $250. All charges got dropped besides the one felony breaking and entering with intent to commit a felony. I am trying to join the army I have been on perfect behavior since that incident but the army won't accept me because of the intent to commit a felony. Is there any way I could get that dropped to a misdemeanor so I can join? Is there any way around it?
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1 ANSWER

Administrative Law Attorney serving Attleboro, MA at Law Offices of Edward Molari
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Unfortunately, there are very few ways to un-do the final outcome of a court case (commonly called a "disposition."). If your case was resolved without a trial (i.e. you pled guilty or admitted guilt) you might be able to withdraw your plea if there was a technical problem with the manner in which your plea was entered. You should get the paperwork from the court, and request the recording of the plea, and give both to a lawyer for review.  If you had a trial, the time to file an appeal has very likely passed, but you can ask for permission to file a late appeal, and you could talk to a lawyer about a potential motion for new trial.  Make no mistake, however, your is very much an uphill battle, as the whole system is designed so that you cannot change your mind after the case is over.
Answered on Jul 03rd, 2014 at 7:18 PM

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