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