hello all.my fianc'ee had a 3rd owi with child in the car on june 7th 2010.it was charged under what i believe are misdemeanors(statutes 346.63/1-a and 346.65/2);but also invoked provisions of 346.65 /2-f because of minor child in the car.she had a no contest plea and was convicted and sentenced and got 9 month's in county jail and 2 years probation.started serving time.so the department of corrections sent a letter back to the court last week saying that probation is not eligible for these charges and in effect she was illegally sentenced.now they made another court date for a resentencing hearing and the prosecuting attorney is wanting to go for a year in prison and 1 year parole this time (last time DA went for 12 months county jail and 2 years probation).i am wondering if there is any options for us or if we might need a private attorney,i mean can they just do this.my fianc'ee is very scared now.according to her (supposed probation officer),they say as far as they understand it,she was not charged under a felony.on wisconsin court records it says two midemeanor U;s and a charge modifier because of child in the car but does'nt directly mention any felonies.is the way they are charging this a felony?is probation available for this if it is a felony ?or not available if it is not?any help?thanks
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