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I was offered a plea on a DUI charge and accepted. The judge

signed the plea agreement dismissing...
I was offered a plea on a DUI charge and accepted. The judge signed the plea agreement dismissing the charge of >.15 BAC with Defendant Agreeing to Plea of >.08BAC. Sentencing & Fines were based on the .08 charge. I signed the Plea, DUI Sentencing Order and Commitment Order with the charge of .08 BAC in front of the judge and he signed it in front of me in court. Subsequently, I received photo copies of the "signed/certified" documents with the agreed upon charges scribbled out and replaced with the .15 BAC. The documents had "corrected" on the top and highlighted. The changes were not initialed by anyone. Neither I or the judge resigned the documents. The signatures are the original signatures and dates based on the .08 BAC. This does not seem legal. What is my recourse?
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Answered in 48 minutes by:
7/19/2013
AttyCBradford
Category: Criminal Law
Satisfied Customers: 643
Experience: Criminal Defense and Family law Attorney serving California statewide
Verified

AttyCBradford :

Hello! I am sorry to hear about this! First, I would put yourself on calendar to have the plea agreement CORRECTED to reflect the terms of the plea or at the very least for an explanation of why it is crossed out and replaced. A clerk might be able to explain this to you. Your public defender and/or attorney should have record of what the plea was supposed to be

AttyCBradford :

If I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.


 

JACUSTOMER-4e4m9o3u- :

This does not answer my question. I have clear documentation and copies of my plea, that is not the issue nor the question. I asked IF it is legal to changed a "certified court document" without the consent of the defendant and judge that signed the documents. I also also what is my legal recourse. You did not answer my question, you merely restated my summary to you.

AttyCBradford :

No it is not legal to change a certified court document without any consent... Your legal recourse is to go to the court and have it FIXED becuase if you don't then there is a very strong chance that the a strong possibility that the court file has the wrong plea in the file and on record, which could affect you in the future.

AttyCBradford :

If it turns out that someone did ON PURPOSE change the court document then they would be subjected to tampering with a court document, but other than correcting the error I am not sure what type of legal recourse you are looking for there are no grounds for a civil suit in this situation unless you can prove that you were harmed by the rror

AttyCBradford :

error*

JACUSTOMER-4e4m9o3u- :

Given the fact the document has already been circulated within the court and jail system and I am concerned my file will have inconsistencies, I would like to request the case be dismissed. Is this possible?

AttyCBradford :

You could make the request but the odds of it actually being dismissed are against you. The odds of them correcting it to reflect the actual plea is what they will most likely do. This is considered harmless error, unless you can prove that it harmed you in some manner, but it sounds like it just happened and if you act quickly it can be cured. The best thing would be to get a copy of the court transcript from that day in court and compare what is said on the record to what is written in the plea form

AttyCBradford
Category: Criminal Law
Satisfied Customers: 643
Experience: Criminal Defense and Family law Attorney serving California statewide
Verified
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AttyCBradford
AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 643
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Experience: Criminal Defense and Family law Attorney serving California statewide

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