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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28043
Experience:  10+ years defending Misdemeanor and Felony cases.
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If you take a plea bargin and except it and you and your lawyer

Resolved Question:

If you take a plea bargin and except it and you and your lawyer along with the Da and Judge sign it and then you are released out of jail. You go back to work and some 3 months later come back to court for sentenceing and all of a sudden they changed the agreement from 5 years probation to 10 years probation is that legal? Seems to me you entered into a binding agreement with all concerned and they all of a sudden changed it.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.
If the terms of the plea changed, you would not have to accept it. For the plea bargain to change, there should have to be a legal basis for it, other then the DA just changing his/her mind. The attorney should be looking into this and see what the basis is and if you have complied with everything that was required of you before the sentencing, the plea should be honored.
Customer: replied 6 years ago.
I thought you were giving me legal advise not just your opinion? I was given the chance to take it or go back to jail. I was given 5 yrs probation and they changed it to 10 years because the probation dept said they made a mistake any sex crimes are 10 years not 5 years. I was accused of having child porn in a computer, that wasn't mine and I don't use the computer because it was in my home at the time. Come to find out I found out the FBI found nothing in the computer at all.
Expert:  CrimDefense replied 6 years ago.

As you can read in the disclaimer, this is not legal advise and there is no attorney/client relationship between us. As far as the added facts, if there was a mistake and the 5 years was against the law/statute, they would have a right to change it since you were not sentenced and they acted in good faith.

Customer: replied 6 years ago.
I think it sucks because I know of guys who actually had sex with minors and were plea bargined down to 5 years. Now if it were my computer and I did have child porn in it (which it wasn't and there weren't anything in the computer) I would consider haveing sex with a minor far worse than so called having a picture in a computer. They got 5 years and it stayed 5 years, only difference they were in a different county in the same state and the funny thing was I had a paid lawyer and they had a public defender.
Expert:  CrimDefense replied 6 years ago.
If there was no evidence, you could have gone to trial and fought this. You did not have to take a plea. If the terms changed and you did not want the deal, you could have then decided to go to trial as well. Thank you for allowing me to answer your question and good luck. If you have not already, please click the accept button, so I can get credit of my answer.
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