Pecan Hill, 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.

That sounds like a questionable search. If you were pulled over for no insurance, what evidence could they possibly be searching for? Even if you were taken into custody the cops can only search you and the area over which you have control for weapons.