Sorry to mods if this is in the wrong forum.
In 2014 I had drug/alcohol issues which fortunately I have been clean and sober from for several years. Unfortunately in June 2014 I was arrested and spent 6 months in county jail.
Because my lawyer was fighting for a lesser charge, I ended up pleading guilty to a felony after I had already been in jail for 5 months, and the next month I was released on the day of sentencing due to having served the entirety of my 6 month sentence.
I received a letter today that they want to reduce my benefits (from 100% to 10%) from August to December, the rationale apparently being that since I was arrested in June my "convicted of a felony" starts then and 60 days later is August.
I would like to appeal this, and have a couple avenues I wanted to try, so I'm asking here first. One, I had not actually pled guilty until November, so I did not spend 60 days following conviction in jail, I spent about 30 days following conviction in jail, and then was released.
Another thing is that I have since had the felony reduced to a misdemeanor by the sentencing judge due to completing drug program/probation and not relapsing. I saw in one of the law pages that the adjustment can be avoided if the conviction is overturned on appeal - does this also apply if the felony has been reduced to a misdemeanor? The conviction is still there and has not been expunged.
Thank you for any help you can give.
In 2014 I had drug/alcohol issues which fortunately I have been clean and sober from for several years. Unfortunately in June 2014 I was arrested and spent 6 months in county jail.
Because my lawyer was fighting for a lesser charge, I ended up pleading guilty to a felony after I had already been in jail for 5 months, and the next month I was released on the day of sentencing due to having served the entirety of my 6 month sentence.
I received a letter today that they want to reduce my benefits (from 100% to 10%) from August to December, the rationale apparently being that since I was arrested in June my "convicted of a felony" starts then and 60 days later is August.
I would like to appeal this, and have a couple avenues I wanted to try, so I'm asking here first. One, I had not actually pled guilty until November, so I did not spend 60 days following conviction in jail, I spent about 30 days following conviction in jail, and then was released.
Another thing is that I have since had the felony reduced to a misdemeanor by the sentencing judge due to completing drug program/probation and not relapsing. I saw in one of the law pages that the adjustment can be avoided if the conviction is overturned on appeal - does this also apply if the felony has been reduced to a misdemeanor? The conviction is still there and has not been expunged.
Thank you for any help you can give.