How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CrimDefense Your Own Question

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16716
Experience:  8+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

If you take a plea bargin and except it and you and your lawyer

Resolved Question:

If you take a plea bargin and except it and you and your lawyer along with the Da and Judge sign it and then you are released out of jail. You go back to work and some 3 months later come back to court for sentenceing and all of a sudden they changed the agreement from 5 years probation to 10 years probation is that legal? Seems to me you entered into a binding agreement with all concerned and they all of a sudden changed it.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.
If the terms of the plea changed, you would not have to accept it. For the plea bargain to change, there should have to be a legal basis for it, other then the DA just changing his/her mind. The attorney should be looking into this and see what the basis is and if you have complied with everything that was required of you before the sentencing, the plea should be honored.
Customer: replied 3 years ago.
I thought you were giving me legal advise not just your opinion? I was given the chance to take it or go back to jail. I was given 5 yrs probation and they changed it to 10 years because the probation dept said they made a mistake any sex crimes are 10 years not 5 years. I was accused of having child porn in a computer, that wasn't mine and I don't use the computer because it was in my home at the time. Come to find out I found out the FBI found nothing in the computer at all.
Expert:  CrimDefense replied 3 years ago.

As you can read in the disclaimer, this is not legal advise and there is no attorney/client relationship between us. As far as the added facts, if there was a mistake and the 5 years was against the law/statute, they would have a right to change it since you were not sentenced and they acted in good faith.

Customer: replied 3 years ago.
I think it sucks because I know of guys who actually had sex with minors and were plea bargined down to 5 years. Now if it were my computer and I did have child porn in it (which it wasn't and there weren't anything in the computer) I would consider haveing sex with a minor far worse than so called having a picture in a computer. They got 5 years and it stayed 5 years, only difference they were in a different county in the same state and the funny thing was I had a paid lawyer and they had a public defender.
Expert:  CrimDefense replied 3 years ago.
If there was no evidence, you could have gone to trial and fought this. You did not have to take a plea. If the terms changed and you did not want the deal, you could have then decided to go to trial as well. Thank you for allowing me to answer your question and good luck. If you have not already, please click the accept button, so I can get credit of my answer.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16716
Experience: 8+ years defending Misdemeanor and Felony cases.
CrimDefense and 12 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions