ID Theft

plea bargain: no contest to ID theft. Recd 18 mos probation. Need legal advice from LAWYERS?

I have no other criminal history besides this one ID theft conviction and have served over 1/2 my probation time. I was told by the dept of corrections that I could file to get off early from probation so long as I stayed out of trouble. I have been a model citizen since then so I asked my lawyer to file that motion. (along w/asking to reduce the felony conviction to a misdemeanor, as the amount in question was less than $700). Now the DA is saying that since I signed a plea deal indicating I was agreeing to a felony conviction and 18 mos probation, I shouldn't even be filing the motion. The DA has threatened to re-indict me on all the other charges (which were dismissed as part of the plea deal) if I continue w/the motion. IS THIS LEGAL? ISN'T THIS A VIOLATION OF MY CONSTITUTIONAL RIGHTS?

Public Comments

1. you lost your rights when you were comvicted of a felony, the good thing is since your rights have not been restored you wont have to serve on jury duty
2. no its not a violation of your rights, your rights guarantee you that you will never be charged twice for the same crime. Multiple charges for various aspects of a crime does not count as double jeapardy. If those charges were dropped, depending on the statutes of limitations they can be brought back and you can be charged with them. The DA if pissed off will get back at you. But it is a risk, on one hand, he may be upset because you may get away with your motion, so he may be threatening you to keep you away. But if you want to try your motion, that is a risk you'll have to take.
3. Legal advice is a best guess opinion and a lawyer who is not familiar with all the facts of the case, applicable laws, including case law in similar cases, and, the court in which the matter is being heard, cannot possibly give you valid "legal advice." Never use "legal advice" given on the I'net as a basis for making decisions.
4. i'd let this dog go if i were you. you're lucky you got off w/only 18 mths. probation and not some jail time. it could have been a lot worse!
5. You got a great deal. A felony with 18 months probation! That's awesome. The DA can re-indict you, and for only 18 months probation, you need to serve it. Typically with a plea, you serve "day for day" and receive no "good time." So, I would serve, and you did lose your civil rights when you accepted the plea.
6. If you ask for a change in the "deal" then you could well in the courts opinoin be opening them up to the other charges. Most likely what they are unhappy about is the changing of the charge, not the drop in probation. I would go after the release from probation as a single motion first. Get it and then after you are no longer on probation, look to have the charge explunged ( in about 3 years) But of course unless your probation officer will support your release you don't have much of a chance. But yes, if you signed the plea agreement, you plead guilty to that charge as a felony, in return you had all the other charges dropped. You did not say where but this sounds like the DA's I dealt with in Illinos, they were the worst I ever saw about changing the deal and making it up as they went along