Roanoke, VA asked in Criminal Law for Virginia

Q: Can I get a felony reduced after sentencing and completion of probation?

Virginia resident here. I was charged with welfare fraud offense date (in 2013) In 2018. I was sentenced with a felony and 2 yrs supervised probation and to pay it back. I successfully completed my supervised probation (early release from it for good behavior) and paid all restitution. I have a good job with the state and want to get a home loan and fear this will impact my families ability to move forward in our lives. As a now productive member of society I feel I’ve been given a sentence that will hang over me forever. At sentencing the Da sent someone else in his place, that replacement lawyer wanted to lower my sentence because I had paid over half of my restitution but he called the DA and he refused. My court appointed lawyer couldn’t get him to budge.

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1 Lawyer Answer
Brian M. Latuga
Brian M. Latuga
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: It sounds like you have been convicted and sentenced more than 21 days ago. The court has no discretion at this point to reopen your case and change your sentence or reduce your charge. And technically, while some judges would do it at sentencing, a court cannot reduce a felony to a misdemeanor if evidence for the felony is sufficient. Unfortunately, the very likely answer is no.

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