QUESTION
How can my three misdameanors be changed to felonies after I’ve already made a plea of not guilty to them?
Asked on Nov 14th, 2012 on DUI/DWI - Washington
More details to this question:
I went to court and plead not guilty to my three misdameanor charges for DUI, reckless driving and driving on a suspended license. I call today to try to make an appointment with my public defender, they tell me that they were changed to felonies and that I will have to turn myself in. How can they do this and how can they deny me making an appointment with a public defender when the judge already appointed me one?
4 ANSWERS
John J. Carney
If the police charge you with a misdemeanor and then determine that they are really felonies they can indict you on the felony charges. They probably did not see your prior DWI conviction that makes these DWI and AUO felonies. The Reckless Driving charge is still a misdemeanor. You are facing a prison term and I would recommend that you retain private counsel and not get arrested for AUO or DWI again as that would almost certainly result in a prison sentence.
Answered on Nov 19th, 2012 at 4:26 AM
Michael J. Breczinski
I would need to know all the facts; but if you had prior convictions for drunk driving then it could end up being a felony. Before conviction they can drop and reissue higher charges.
Answered on Nov 19th, 2012 at 4:21 AM
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Charges can be changed any time prior to the trial.
Answered on Nov 19th, 2012 at 4:19 AM
How couse they can do this. You should have plead when it was still a misdemeanor. Before you plea, they DA can always amend it to make it a felony if you caused injury or it is your 4th DUI in 10 years. You need to hire a DUI specialist before your PD mess your case up even more and you end up in state prison.
Answered on Nov 19th, 2012 at 4:19 AM