hello, everybody. I have a imaginable situation that involves a rhetorical question.
If one gets arrested and signs a plea agreement without the presence of a defense lawyer, is that still binding ?
Oh ! another one. If an alleged accused individual takes a plea bargain offer and then changes his mind, can he appeal his sentence and rescind it ?
2006-10-01 04:54:59 · 8 answers · asked by ardipi_ramidus 2 in Politics & Government ➔ Law & Ethics
1. Yes, the agreement is binding, since the accused wished to act as his own attorney and without the advice of counsel.
2. If he changes his mind after he is found guilty and sentenced, he would only be able to appeal if his rights were somehow violated, or mistakes were made by the prosecution during trial. Again, he DID act without advice of counsel.
That is why it is said that "A person who represents himself, has a fool for a client"
2006-10-01 05:04:10 · answer #1 · answered by dathinman8 5 · 0⤊ 1⤋
If one gets arrested and signs a plea agreement without the presence of a defense lawyer, is that still binding ?
Only of they have refused legal representation or have chosen to act in their own defence.
If an alleged accused individual takes a plea bargain offer and then changes his mind, can he appeal his sentence and rescind it ? Appeal, yes, recind, no.
Recently there was a case where someone had taken a plea agreement and then changed his mind when he found out he would have to register as a megans law offender. He went to trial and was found guilty of harsher charges than the ones he had pled guilty to.
2006-10-01 12:15:59 · answer #2 · answered by msdagney 4 · 0⤊ 0⤋
yes, because you are making a consious judgment as an adult and if you do not have a lawyer you will be held liable...
yes, you can appeal but most likely you wont get a difference of judgement unless you did not use a lawyer when you signed plea bargain and when you appeal you do use a lawyer!!
other than.. good luck.. depending on the state your in or the judge you had... you could get no love from anything the judge originaly ordered and most judges dont like to be contested and will take you serious but not take you likely to have much of a better outcome unless your NEW lawyer is good friends with the judge!!!
2006-10-01 12:07:09 · answer #3 · answered by BIG DADDY 3 · 0⤊ 0⤋
(1) Yes, because one has a right to NOT have an attorney as well as a right to have one, and this act (though probably unwise) is legally valid.
(2) If before the deal is formalized the judge, then the agreement can be rescinded, though that will certainly have adverse consequences for the accused; if after the formalization of the deal, then any attempt at rescission would be without legal effect.
2006-10-01 14:51:10 · answer #4 · answered by BoredBookworm 5 · 0⤊ 0⤋
the law varies from state to state;in must cases if you were read your rights to have a lawyer presence and you declined and signed a plea agreement then it is binding and i seriously doubt a judge would rescind the agreement unless there were some outstanding circumstances
2006-10-01 12:01:09 · answer #5 · answered by Anonymous · 0⤊ 1⤋
People can act as their own defense attorney and if the person signs the plea agreement with full culpability, knowing the results of his actions. Yes it is binding.
Yes you can appeal or file litigation for appeal, but unless you can prove duress, intimidation or lack of full mental function you will loose.
2006-10-01 11:59:37 · answer #6 · answered by Eldude 6 · 0⤊ 1⤋
All of these questions are dependent upon state law, and thus can't be answered without knowing the state about which this "hypothetical" question is asked.
2006-10-01 20:06:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You might want to look up "imaginable" and "rhetorical" before you use them again.
2006-10-02 23:34:17 · answer #8 · answered by NCAF33 3 · 0⤊ 0⤋