2007-06-06 19:47:29 · 3 answers · asked by Roxanne B 1 in Politics & Government ➔ Law & Ethics
Although Amy is correct, it's not the entire story. The only way to amend the sentence stipulated in a plea bargain agreement is to disavow the agreement.
If you have reached a deal with the prosecutor and then come before the court and say you want a better deal, the plea bargain will be dismissed and you will go to trial with a very pissed DA.
Think it's worth it?
By the way, I had a client try this on me and they were left not only facing the original charges but having to find a new attorney. The idiot, instead of doing 2 years ended up with 10.
2007-06-07 03:07:26 · answer #1 · answered by hexeliebe 6 · 0⤊ 0⤋
It depends entirely on the circumstances.
For the most part, I'd say no. Once plea agreements are signed, the "agreement" is in place. HOWEVER, if you've served 18 mos - 2 years on a 3-year grant of probation and you've paid off all your fines and fees, never had a violation of probation, are working full-time (or going to school or doing job training) and have done everything the Court asked you to do as part of the grant of probation.. and you have a valid reason for asking to have the charges lowered.. say from a felony to a misdo.. and convert to Summary Probation for the remaining period of probation... ... it doesn't hurt to try. I've seen it happen... but only when the defendant has done extremely well on probation. (No missed appointments, no dirty tests, no missed counseling sessions... NO EXCUSES!!)
2007-06-06 19:59:17 · answer #2 · answered by Amy S 6 · 0⤊ 0⤋
Only if it part of the Plea Bargain.
2007-06-06 19:52:51 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋