Can you reduce felony charge after completing probation?
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Can you reduce felony charge after completing probation?
After being charged with child endangerment, a felony wobbler in my state, I was sentenced to 3 years probation. Now that I have completed probation successfully with no issues, am I able to file a motion under to get the felony reduced to
misdemeanor?
Asked on March 15, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You cannot reduce the charge because the conviction has already been set. The only way you can undo a probation conviction is by filing a writ to challenge the conviction which resulted in your probation.... these are difficult, but not impossible. A few years ago, several defendants successfully challenged their pleas of guilty on the basis that they were not made aware of the consequences of their plea....namely that they were at risk of deportation. These are not slam dunk procedures.... but it is the main option, and sometimes only option, for challenging a sentence after pleading guity for being found guilty post appeal.
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