if your told to pead giulty in court u wont do jail then go to sentencing and they put you in jail not right?

Question

my son went to court they told him if he pleaded giulty he wouldnt get jail time so he did and when he went for sentencing they gave him 30 days can they change a plea bargain

Answer 1

The problem with the issue is that an agreement was made between the prosecuting attorney and the defense attorney with his client without judicial concurrence.

Despite any agreement a judge or jury can override the agreement without violating any prior agreements.

Sadly you've seen cases in the news where a murderer is set free only because of a "pre-trial agreement." The most recent case in the news about a week ago where a father murdered his own child. The child was buried where the body remained for a long period of time.

Evidence was finally produced that would have convicted the offender. The victims mother wanted to provide a proper burial for her child and entered an agreement with the fathers attorney that if he confessed to the murder and told authorities where the body was...he would be released on time served.

The authorities went to the area but the small child was never found, however, the father (based upon his confession) was released from jail per the pre-trial agreement.

Was justice done....no! Judges don't like cases like this therefore on occasion you will find pre-trial agreements dishonored by the courts!

Answer 2

A plea bargain is an agreement between your son (or your son's attorney) and the prosecuting attorney. The Judge has to approve (approval of the court) any such plea. It is obvious, in this case, that the Judge did not agree with the prosecuting attorney.

Here is the explanation from Wiki:

A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest (and often allocute) in exchange for some agreement from the prosecutor as to the punishment. A plea bargain can also include the prosecutor agreeing to charge a lesser crime (also called reducing the charges), and dismissing some of the charges against the defendant.

United States
Plea bargaining is a significant part of the criminal justice system in the United States;the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts.

http://en.wikipedia.org/wiki/Plea_bargain

Allocution: In most United States jurisdictions a defendant is allowed the opportunity to allocute — that is, explain himself — before sentence is passed.

http://en.wikipedia.org/wiki/Allocution

Sorry you had to learn about this in this manner.

Hope this helps

Answer 3

Technically, a "plea bargain" is an agreement between a criminal defendant and the government prosecutor (federal, state or local). In exchange for a guilty plea, the prosecutor "recommends" a sentence to the judge, which might or might not require amending the charges to a lesser-included offense to comply with sentencing guidelines.

Whether or not the agreement is enforceable - against the prosecutor - (i.e., whether or not the prosecutor can "back out of the deal" later) is a matter of whatever law is governing that particular jurisdiction. Most enforceable plea agreements must have been reached in writing.

Regardless, the judge, who decides the sentence (in the vast majority of cases), is NOT a party to the agreement. In most jurisdictions, the judge is not REQUIRED to abide by the agreement. If the judge does not impose sentence in accordance with the agreement, the defendant is entitled to withdraw his guilty plea, pending a renegotiated (and hopefully acceptable) plea agreement, or possibly a trial.

Further, there is a phenomenon known as a "blind plea" in which the defendant pleads guilty after having reached NO agreement with the prosecutor, and therefore, there is NO recommendation regarding sentencing. Only truly ignorant defendants will enter a "blind plea," because it cannot be withdrawn, and the judge is 100% free to impose sentence as he/she sees fit.

If your son has already pleaded guilty, and has been sentenced, there is very, very little chance that anything can be done about it after the fact. Tell your son to call a lawyer. If he cannot afford one, call the public defender's office for the court in which your son was charged.

Answer 4

They can do whatever they want to do its sad but true. I would have got it in writting and kept a copy but if he plead guilty to a crime there is almost always some jail time depending on the crime. You should check your state laws and ask a legal consultant this question and if they cannot go back on an agreement then you can file for a motion of stay and bring it to there attention that your son was told something different than what happened.

Answer 5

As many have posted here, a plea bargain is a deal between attorneys and non-binding pending a judges ruling. If your son had an attorney who misrepresented him or misinformed him, then you could possibly sue that attorney for malpractice and/or report him to the bar association. If you believe that this is the case, I would talk with another lawyer; preferably one from another district who has no affiliation with your first lawyer.

Answer 6

Sorry, He's stuck either way.
If the defense attorney told him "plead guilty, they won't send you to jail", then no deal was ever made, and the attorney was wrong.
If it was actually a "plea deal" made with the Prosecutor, then the Prosecutor gets to RECOMMEND a sentence, but it is still up to the Judge and/or Jury to decide whether to accept it or not.
He's stuck either way.

:( KenDG

Answer 7

Did he sign anything? They can argue that he was not truthful, if he did not tell them the entire truth. He needed to support his information with evidence and in writing. I imagine his lawyer should know. If he did not have one, then I imagine he is going to prison. People must revoke their right to legal counsel.