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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23549
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Miss my question is if a person has already signed a plea

Customer Question

Hello Miss Wilson my question is if a person has already signed a plea agreement for domestic violence aggravated assault integrated reading and restraining over person but they are only charging him with a domestic violence and aggravated assault in his plea agreement can they bring up the other charges at a later time being that the judge said that those will be disposed of or deferred
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Phoenix Arizona
JA: Have you talked to a lawyer yet?
Customer: His public defender gave him the play of two and a half to 3 years and in that plea agreement and stated that that's all he was being charged with
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm the victim in the case and what was put in the police report isn't what really happened
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Customer: replied 1 month ago.
Ok and thank you. Just wanted to let you know that I dropped all charges.
Expert:  Zoey_ JD replied 1 month ago.

Are you saying that now that the defendant has taken a plea agreement you want the prosecutor to drop the case? Or are you saying something else?

Customer: replied 1 month ago.
I dropped all charges before he took the plea
Expert:  Zoey_ JD replied 1 month ago.

And how did you do that? Did the prosecutor agree to drop all of the charges for you? If so, who offered the defendant a plea?

Customer: replied 1 month ago.
I had told the State of Arizona that I was not pursuing charges in writing and to the judge but they are pursuing the plea agreement
Expert:  Zoey_ JD replied 1 month ago.

Thank you. Please give me a few moments to compose an answer to you.

Expert:  Zoey_ JD replied 1 month ago.

Once you involve the police in a domestic dispute, the case does not belong to you. It belongs to the state and the prosecutor can handle it in whatever way he or she sees fit.

Even if you write to them and say you don't want to press charges, the state has the ability to go forward with the case, whether you like it or not. Although you said you wouldn't be cooperating, the fact is that if you are lawfully served with a subpoena, you can be forced to testify or to face contempt charges and a possible jail sentence yourself.

So in this case, though you may have had one set of expectations, nobody promised you that they were going to drop. The DA apparently feels he still has a case he can prove beyond a reasonable doubt, and the defendant would appear to have believed that too, because he took a plea.

There isn't much you can do now, except that if you don't want the defendant to be found guilty of these charges, you can contact his defense lawyer and tell him you don't understand what happened because you sent a written letter to the state prosecutor and the judge telling them you did not wish to pursue charges. Perhaps he may be able to get the plea back on those grounds if he wasn't made aware of this fact.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.