The following are from State Correctional Facilities in Attica and were in Wyoming County Court before Judge Michael Mohun March 29. Jerry McLamore was found guilty during a bench trial of promoting prison contraband in the first degree, a Class D felony, and conspiracy in the fifth degree, a Class A misdemeanor.
By law (Florida statute 941), the state may extradite a person charged with a âcrimeâ in Florida, whether it is a felony or misdemeanor. So even though a DUI charge is a first degree misdemeanor in Florida, extradition is still possible if the state chooses to do so. Extradition cases, however, can be extremely time consuming and costly. As a result, the state of Florida rarely attempts to extradite a person for misdemeanor offenses, including DUI.
You can be arrested for a misdemeanor and then indicted on a felony. The DA can charge or amend to a felony if the facts make it out, and you can be charged with any crime that the DA feels can be proved as long as they have a supporting deposition that includes all the elements of the felony charged. crime that can be charged as either a misdemeanor or a felony is known as a wobbler. To answer your question, yes, a misdemeanor can be charged as a felony if that crime for which you have been arrested is a wobbler.