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  1. #1

    Default Class a Felony Reduced to a Misdemeanor

    My question involves criminal records for the state of: Georgia

    In March 03, 2009 I plead guilty ( I know dumb move) to three counts aggravated assault with a deadly weapon to three counts reckless endangerment. Now honestly the case in its whole some seemed funny and in fact I almost feel my lawyer did me wrong by not informing me what I was getting into for the long run.

    I need to know this, when putting apps in do I need to say that I was convicted of a felony but plead guilty of the lesser charge? Also how would I go about re-opening my case or something where I can get my former case either dismissed or over turned.

    I know all of this seems to be a long shot and if it is best lo go out a learn the law myself to get this handle then please inform me. Thank you

  2. #2
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    Sep 2010
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    Default Re: Class a Felony Reduced to a Misdemeanor

    What were you actually convicted of? If you plead guilty to a felony it would follow you were found guilty of a felony.

    There's likely nothing to be done to overturn or reduce these charges. Just because you decided after the fact that the consequences were more serious than you imagined isn't grounds.

  3. #3

    Default Re: Class a Felony Reduced to a Misdemeanor

    Quote Quoting flyingron
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    What were you actually convicted of? If you plead guilty to a felony it would follow you were found guilty of a felony.

    There's likely nothing to be done to overturn or reduce these charges. Just because you decided after the fact that the consequences were more serious than you imagined isn't grounds.
    Well I received three counts of reckless endangerment instead.

  4. #4
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    Default Re: Class a Felony Reduced to a Misdemeanor

    Quote Quoting flyingron
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    What were you actually convicted of? If you plead guilty to a felony it would follow you were found guilty of a felony.

    There's likely nothing to be done to overturn or reduce these charges. Just because you decided after the fact that the consequences were more serious than you imagined isn't grounds.
    Quote Quoting mr_in_and_our
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    Well I received three counts of reckless endangerment instead.
    First off, I wouldn't listen to Flying Ron. He has absolutely no clue when it comes to the legal system.

    Second, if your attorney at the time mislead you as far as the severity of your charges or you were ill-informed to what you were pleading to you may be able to re-open your case depending on the statute of limitations & Rules regarding such legal procedures in your state. You'll most likely have to consult with another attorney to start this process though.

  5. #5
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    Default Re: Class a Felony Reduced to a Misdemeanor

    Quote Quoting william71
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    First off, I wouldn't listen to Flying Ron. He has absolutely no clue when it comes to the legal system.
    Thanks for the insult. Which was completly gratuitous and wrong and even hilarious with the following complete drivel:
    Second, if your attorney at the time mislead you as far as the severity of your charges or you were ill-informed to what you were pleading to you may be able to re-open your case depending on the statute of limitations & Rules regarding such legal procedures in your state. You'll most likely have to consult with another attorney to start this process though.
    Statue of limitations has no meaning in this situation. His time period for appeals was gone a long time ago and even post conviction relief appears to be expired.
    This is hardly going to win on an "ineffective counsel" claim even if it was made timely. Just because you didn't realize the implications of a criminal record isn't basis of appeal no matter what your lawyer told you at the time. There is going to need to be some particular legal error to justify any relief.

    Your follow up post says you were convicted of three counts of reckless endangerment. That is a misdemeanor. I'm confused about all your other talk of felonies. What exactly are you concerned about again?

  6. #6
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    Jul 2010
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    Default Re: Class a Felony Reduced to a Misdemeanor

    Ron,
    If I understand his posts properly, it translates as this:

    He was charged with 3 counts of ADW but it was pled down to 3 counts of RE. His first question was, does he have to answer "Yes" to questions about felonies on applications?

    The answer to that is "No" if it only asks about felony convictions. If it asks about charges in general, the answer would probably have to be "Yes."

    His second question, now that he is seeing the long-term ramifications of any kind of criminal conviction, is can he re-open his case in order to undo the guilty plea/somehow make the whole thing go away?

    The answer to this, as you have already pointed out, is most certainly NO. I live in GA so I will do a little digging around but I'm confidant that you are correct given the time period that has elapsed.

  7. #7
    Join Date
    Nov 2007
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    Default Re: Class a Felony Reduced to a Misdemeanor

    There is always some small chance the case can be reopen it is extremely unlikely,taking to a lawyer will be the best way to go about it. Unless it was self deference,they're most of been some reason why you were charged with such a serious felony. Things are over blown a lot of time,maybe it was difficult to get your charge dismissed and according to the law you were guilty. Only you know what actually happened but getting a high level felonies reduced to 3 misdemeanors seem like an excellent outcome,of course we don't know the particulars.

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