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  1. #1
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    Nov 2010
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    Default Reduction of Class D Felony to Misdemeanor a in Indiana

    My question involves criminal records for the state of: INDIANA.

    Three years ago I was charged with a Class C felony and a Class D felony. I have no priors. The plea agreement states the class C felony is dropped, I plead guilty to the Class D felony and serve 18 months probation. Also it states in the agreement that I may ask for the class d felony to be reduced to a class A misdemeanor if I complete probation and pay my fines. I have now finished my probation a few months ago. This whole time my lawyer and probation office told me it would be reduced as long as I didn't get into trouble and paid all my fees/fines. I have done this. I have also attended college full time the last two years and graduate in fall of 2011. I went back to my lawyer to make sure this was done and he contacted the probation office. They claim they have no problem with the reduction. BUT, the prosecuter now refuses to reduce they D felony to a misdemeanor A. What are my options at this point? Can he refuse it even though its written in the plea agreement??

  2. #2
    Join Date
    Jul 2010
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    Default Re: Reduction of Class D Felony to Misdemeanor a in Indiana

    Did the plea paperwork include any of the following in reference to reducing the charge: shall, must, will? If all it said was that it "may" be reduced, that means there is no guarantee. You could try setting up a meeting with the prosecutor to request it in person or possibly find out their motivation for denying it.

  3. #3
    Join Date
    Nov 2010
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    Default Re: Reduction of Class D Felony to Misdemeanor a in Indiana

    Quote Quoting free9man
    View Post
    Did the plea paperwork include any of the following in reference to reducing the charge: shall, must, will? If all it said was that it "may" be reduced, that means there is no guarantee. You could try setting up a meeting with the prosecutor to request it in person or possibly find out their motivation for denying it.
    it says that i may "ask".. though in the court room, the judge/probation officer/lawyer said as long as i complete the 18 months they'll reduce it. i failed to paid attention to how it was written.

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