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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24505
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is shawna I had court on october 16th 2015 at

Customer Question

Hi my name is ***** ***** had court on october 16th 2015 at Arapahoe County Court division 301before Judge Alex Beneze, for DUI charges (my 1st one). I had previously signed a pkea agreement with the DA giving me 45 days on house arrest and probation. However on the day of sentencing when I went before the judge without him asking "ho do i plea, guilty or not guilty" he imposed a sentence on me for 45 day house arrest and 2 years probation with zero tolerence which means for me if i make one mistake while on probation i will spend 320 days in jail. My question is can I be sentenced without being asked by the judge asking me what I plead to the charges guilty or not guilty. And is the judge required to ask me how I plea before imposing a sentence? I ask this because that day I planned on informing the court that I wanted to look into hiring an attorney, but unfortunately I was sentenced before I got that chance
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

You signed a plea agreement, which means you already pled guilty. The only thing left to do on your sentence date is for the judge to impose the sentence for the previously agreed upon plea. You do not plead guilty all over again on your sentencing day.

Did you have counsel when you signed the agreement? Do you want to try and take the plea back and go to trial on the case? You can retain a lawyer at this point and get the matter before the judge and have him argue that you should get your conviction vacated because you were denied the opportunity for representation. But you're unlkely to get a better plea offer by doing that, and unless you want a trial it's probably not a good idea.