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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband received his fourth DUI (Montana). His lawyer told

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My husband received his fourth DUI (Montana). His lawyer told him he is facing up to 13 months in prison unless he signs a plea agreement. The plea agreement requires that he attend a state run treatment program. His lawyer told him that if he signs the agreement, he can still go to court & argue for a lesser sentence. Is this true or once you sign the plea agreement are you bound to it?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your husband's situation.

Is this true or once you sign the plea agreement are you bound to it?

This depends on what is in the plea agreement.

If the plea agreement does not contain a certain amount of months of treatment, etc, then it would be up to the Judge.

If the plea agreement contains an exact treatment plan and/or punishment plan as part of the agreement, then the Judge normally signs off on it as is. Very rarely does the Judge deviate from an agreement signed by both the prosecutor and the defendant. This is only if the Judge feels that justice "is not being done."

Let me put it this way - I have only seen it happen ONCE personally.

So perhaps the attorney knows the Judge better. I cannot say. But in all honesty, once someone signs that plea agreement, at the entering of that plea agreement, the likelihood of the Judge lessening the terms is... unlikely.

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