Wht to do if I got charged with a misdemeanor DWI and was ready to plea guilty to it but now the DA wants to change it to a felony DWI?

It is my 2nd within 10 years.mIs it possible for him to do that considering i already accepted the plea bargain? I’ve been going to court for 10 months now and my last appearance he said he wanted to look into it. What are my options to fight it?

Asked on July 24, 2012 under Criminal Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have an actual plea on the record as to the misdemeanor DUI charge, the district attorney's office under the laws of all states in this country has the right to refile the case against you as a felony.

I suggest that given the circumstances that you are now dealing with that you consult with a criminal defense attorney to assist you in your matter in order to try and achieve the resolution that you desire.

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