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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25521
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is ***** ***** brother recently sighned a plea

Customer Question

hello hi my name is ***** ***** brother recently sighned a plea bargin to be realesed to a treatment program some how the day he was to b realesed the court pulled the offer know hes being forced to go to trial
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
there has been a great deal of money spent, there is documentation on his enrollment in the program, a transport officer was hired to transport him and now his attorney says that the plea deal was pulled and he is forced to go to trial. This is after he signed and agreed to everything. How can this be right? Is there grounds for malpractice ?
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
The plea was likely pulled for a reason and it may not be the attorney's fault. Sometimes when an offer was made and accepted there are circumstances not known to the DA or the court. They come to light when the probation report is prepared for sentencing. In that case, the court is not required to honor the plea bargain. THe defendant gets his plea back and the lawyer can negotiate another offer or the case can go on to trial.
This situation tends to turn up when a defendant has another case in his history that nobody knew about at the time of the offer and/or for this reason or for some other reason the defendant turns out not to be eligible for the treatment program.
His lawyer would know why the DA and the judge pulled the deal, but it usually involves something in his record or background that would keep him from being eligible for the program.