Ferris, TX Criminal Defense Law Firms & Lawyers

Once someone is accused of a misdemeanor, yes it is possible, although perhaps not very likely, that they prosecution could file felony charges based upon some new evidence or simple re-evaluation of the case. However, once a defendant pleads to a misdemeanor, the misdemeanor conviction cannot be magically upgraded to a felony. Felony charges can not be based on charges which have ended in the Defendant's pleading to a misdemeanor. Only evidence of new misconducted, which was not punished by the misdemeanor, can provide basis for new felony charges, A different situation exists with respect to reducing certain felony offenses to misdemeanors. There is a whole class of felonies, called wobblers, which can be reduced for all purposes to a misdemeanor following a successful completion of felony probation.

In Texas it is necessary for you to have a hearing before the granted ivy granted the probation. It is frightening to go before the court since it is necessary to attempt to make bond first and everyone in your position is afraid that they may be kept in jail but there is no alternative. First I suggest that you have an attorney speak to probation for you to see their opinion of your case and recommendation if they will give it. It is sometimes helpful for the attorney to also speak to a prosecutor and sometimes the judge to find out the policies in that court.  It is generally best to volunteer to take care of the violation before arrest on the warrant.