Springville, TN asked in Criminal Law for Kentucky

Q: plead guilty to a pre-trial diverson felony criminal mischief, i believe the damage was a lot less.

the property owner just gave the prosecutor a dollar amt no estimate was asked for. I do not feel the public defender did her job in finding all the facts out. this could have easily been a misdemeanor. I am having difficulty securing employment because of the felony

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Doubtful the plea can be set aside but you are not a convicted felon under a diversion agreement.

Leland Hulbert
Leland Hulbert
PREMIUM
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: The dollar amount should have been discussed as the amount must be over $1000 to be a felony. With that said, if you pled guilty you admitted that the amount was over $1000. If the value was well under $1000 you may be able to file a motion with the Court if a clear error or mistake was made by your public defender but guilty pleas are difficult to have set aside.

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