A plea bargain was made where 1 case would be dropped if guilty plea to a 2nd case was made. I agreed abd waived rights to prelim, and it was schedulaled for DCA hearing. But without myself or attorney present, revoked plea agreement.Won't this give impression that i am guilty due to me agreeing to do so? And held against me that i was willing to plea guilty? can they do this?
2007-03-27 08:24:35 · 7 answers · asked by rick s 2 in Politics & Government ➔ Law & Ethics
I waived 30 day DCA, And waived prelim hearing in lieu of plea bargain. The DA was infact the one to revoke the plea
2007-03-27 09:35:40 · update #1
and is well past 30 day DCA rights regaurding speedy trail. they remand to prelim
2007-03-27 09:39:41 · update #2
The thing about a plea bargin is that utimately it is still up to the judge. The judge can deny the plea bargin, however it usually isnt done so until you are in court in front of the judge and the plea was submitted. You're lawyer should be able to clear up the guilty or not guilty issue from you having agreed to plea that way to get out of other charges....alot of people do it when the evidence is in the favor of the DA, however most somewhat intelligent people would realize that you were willing to plea guilty just to remove the other charges. You need to get ahold of whoever originally made this deal with you and find out why it was changed, and have your lawyer do whatever needs to be done to make sure you have the right pleas in to all the charges. There must be extenuating circumstances for it to have been dropped if the DA or prosecuter was in favor of the plea bargin. Basically it comes down to when the plea was decided. Was it approved in front of a judge and the judge signed off on it and then took it back? If so then i dont believe that can be done, at least not in my state--they wouldnt take back a plea i agreed to after the fact and other information came to light. You need to check your laws--maybe call a different lawyer and ask over the phone (it's free)...is your lawyer a public defender? he may be screwing you assuming that you dont know enough about the law to do anything about it....the courts and system can also be corrupt....do some digging and find out why they took it back, if it was after a judge approved it check the laws on that i really dont think they can do that unless new evidence or charges came to light involving that particular case. Maybe check into getting a different lawyer if you think yours is out for the best interest of the court and not you.
2007-03-27 08:39:12 · answer #1 · answered by blckwidwbite 2 · 1⤊ 0⤋
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2016-06-10 05:04:08 · answer #2 · answered by Ronny 3 · 0⤊ 0⤋
For a D.A. to revoke a plea bargain there must have been other information that came to light regarding you case, or about, or another suspect that you know. A plea bargain is only as strong as the word of the D.A. If they revoke too many of them then lawyers won't trust them to do deals. So they do not like to do it. Also they process so many cases that keeping an open and shut case open is against what they like to do.
If I were you, and I am not and never have been, and I found out that a plea was rejected by either the judge or the D.A. I would be getting very nervous and trying to figure out what they could have you on.
2007-03-27 08:32:50 · answer #3 · answered by Bacchus 5 · 0⤊ 0⤋
You don't say who is the one not accepting the plea agreement. If it is the judge...he can do as he pretty much pleases.
What also has me bothered is that you and your attorney weren't present when the plea agreement was revoked. It sounds like something is missing and as such the judge made a decision without knowing about the plea agreement.
I would check with your attorney to find out what's happening and maybe consider putting a spark in his life to handle the case responsibly.
Best wishes.
2007-03-27 08:32:08 · answer #4 · answered by KC V ™ 7 · 0⤊ 0⤋
lots relies upon on how the "deal" grow to be written. each and every so often the accountable plea to a lesser can charge is common provided that the suspect meets their responsibilities. If the guy accepting the deal does no longer meet their responsibilities ... the unique can charge is reinstated and the guy is sentenced thus. different sentences are written such that the unique criticism is changed to contain purely the can charge the suspect enters a accountable plea for. if so no count how badly the fool fails to fulfill their responsibilities they are going to be sentenced for kinfolk violence, no longer attack with a perilous weapon. i ask your self what the heck the prosecutor's place of work grow to be thinking, allowing a plea good purchase fro a violent criminal. stupid prosecutor for my section. EDIT: ok, the prosecutor purely began looking smarter! If the hot place of work work says "attack with a perilous weapon" ... that's what the felon would be sentenced for. The prosecutor gave the fool a wager at a great destroy ... and the dummy tossed it away. it particularly is State Pen time in maximum circumstances!
2016-10-20 01:52:35 · answer #5 · answered by ? 4 · 0⤊ 0⤋
What is going on now?
You can make a plea bargain and plead guilty. The judge doesn't have to accept the plea bargain.
If you plead guilty, you are saying you are guilty. It doesn't matter what the impression is or if you actually did it.
2007-03-27 08:33:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Criminal Record Search Database : http://www.SearchVerifyInfos.com
2015-10-08 19:09:36 · answer #7 · answered by Amber 1 · 0⤊ 0⤋