can misdimenors convictions be changed to felony convictions?
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can misdimenors convictions be changed to felony convictions?
i have been convicted of some crm. misdimenor over a period of 20yrs, i recently moved 2 Fl.,charged with a battery, i am being told that Fl. law allows the A.G to tell the judge/fury they are felonys.i came from delaware FL. resient 7months
Asked on May 25, 2009 under Criminal Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I've never heard of anything like this, but I'm not a Florida lawyer. It's possible that this is true, if what you were convicted of in Delaware would have been a felony in Florida. Don't guess, and don't rely on what anyone tells you, other than a judge hearing your case, or a lawyer who is defending your case. If you don't have a lawyer, it sounds like you need one, and one place to look for counsel is our website, http://attorneypages.com
As a general rule, I wouldn't think that your prior offenses could be mentioned to the jury, at least in the guilt-or-innocence phase of the case, because ordinarily previous convictions can't be used to prove the current charge, and this would be even more true if the Delaware convictions were far enough in the past. They might well be considered, though, in sentencing.
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