Can a judge up a charge to a felony?

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Can a judge up a charge to a felony?

I got my 3rd dui in Illinois and to my knowledge it is suppose to be a class 2 felony, However the officer charged me with a misdemeanor because i was very cooperative. Will the judge up my charge to the felony it’s suppose to be? Should I try to hire a lawer or just let the public defender represent me beings I did take the field sobriety test and basiclly admitted my guilt when I blew a .26? I do have a job and my last DUI was 6 years ago.

Asked on March 26, 2013 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A public defender has a huge docket and may not be able to give you the specific time you need or would get from a private counsel.  A judge could decide that the charge is incorrect and could have these discussions during the hearing. You need to understand that most charges like these can and often carry enhanced sentences so while the charge is low, the sentence could be higher because it can be enhanced.


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