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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  8+ years defending Misdemeanor and Felony cases.
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My husband is incarcerated. He is soon to be out. They are

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My husband is incarcerated. He is soon to be out. They are trying to go against his plea bargain. He has court soon and his lawyer disappeared on him. Can he get public defender? Can they go against his plea agreement?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. What is it that the State is trying to do to him, at this time? Was his previous attorney privately retained or court appointed?
Customer: replied 1 year ago.

New mexico. He was privately attained.

Expert:  CrimDefense replied 1 year ago.
Why is the State trying to go against the plea? What is wrong at this time? What he is going to court for?
Customer: replied 1 year ago.

New mexico. His plea was 50% and now they are trying to make him do 85% I have his j and s. He filed himself to go before the judge that sentenced him. His out date is feb 2014 is what santa fe gave me but they are telling him 3 more years.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. The plea deal he took is going to control, unless it is found that there was any error with the sentencing calculation and the amount of time which he needed to serve. If he only had to serve 50% and now the State is coming back and saying he has to do 85%, there is going to need to be a legal basis to support it and the State should have to show why. If this truly is an issue and he can not afford to retain private counsel, he can ask to be appointed the public defender, since he prior attorney can not be found nor can he retain a new one. It is likely that the record from when he accepted the plea and terms and condition would need to be pulled as well, to evidence his claim and see if anything contrary was said or where the error happened. If he filed this himself, the Judge may require him to proceed pro se but he can certainly ask to be appointed the public defender when he appears and if granted, the Judge would likely reset the hearing date, to allow him time to consult with his attorney and for the attorney to prepare and look over the record.

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Customer: replied 1 year ago.

He will have to ask at the court date for a public defender or can I contact them now for him?

Expert:  CrimDefense replied 1 year ago.
He will have to ask the court when he appears. The reason being, is that you are not a defendant nor would the office of the public defender speak with you about his case. You can certainly try and contact them, seeing if they would visit him in jail and look into the situation but they are under no legal obligation to act, until the Judge appoints them.
Customer: replied 1 year ago.

Im worried if he has no representation then the judge will not grant the original plea agreement.

Expert:  CrimDefense replied 1 year ago.
I certainly understand your concern. The Judge is not going to think any less of him, if he is representing himself. The Judge is going to rely on the facts which he presents, the terms and conditions of the plea and what the law allows for. The Judge needs to follow the law and if the plea says he only has to serve 50% of his time, the State will need to show why he is now being forced to serve 85% when that was not what was agreed to.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17282
Experience: 8+ years defending Misdemeanor and Felony cases.
CrimDefense and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help.

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