Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can a judge renege on a plea bargin he made at the

Customer Question
pleliminary hearing?...
can a judge renege on a plea bargin he made at the pleliminary hearing?
Submitted: 2 years ago.Category: Criminal Law
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
3/2/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,339
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

Unfortunately, the judge cannot sentence you to an illegal sentence, even if he mistakenly thought he could do so when he offered it. He has no choice but to renege. He cannot go against the law. If he did, the DA could and likely would appeal it, and you'd be exactly where you are now. He must, however, allow you to withdraw the plea.

You are not required to replead. You can opt to keep the case going all the way to trial and verdict if you like or to continue to negotiate with the DA and the judge for a better deal if one is possible.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,339
31,339 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I ENTERED A GUILTY OPEN PLEA WITHOUT A PLEA BARGIN AND WAS
I ENTERED A GUILTY OPEN PLEA WITHOUT A PLEA BARGIN AND WAS GIVEN 5YRS PROBATION FIRST FELONY SERVED 24 DAYS JAIL NOW I HAVE TO PLEA TO 2 MISAMEANERS TOMORROW STILL NO PLEA BARGIN I REQUESTED MY ATTORN… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My name is ***** ***** brother recently sighned a plea
hello hi my name is ***** ***** brother recently sighned a plea bargin to be realesed to a treatment program some how the day he was to b realesed the court pulled the offer know hes being forced to g… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
Another question regarding pleas. In the same book by the
Another question regarding pleas. In the same book by the Iowa Bar Asso coving Iowa law and Courts 2-7 it says a plea in a felony case the plea must be done orally in open court with all parties prese… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,339 satisfied customers
My son has been falsely accused of abuse of a minor.
My son has been falsely accused of sexual abuse of a minor. It has been 2 years in court and we are being told we need to make a decision to accept a plea bargin admiting guilt, when he didn't do it. … read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I HAVE A COMPLAINT CONCERNING A N.C. CRIMINAL ATTORNEY. I WAS
I HAVE A COMPLAINT CONCERNING A N.C. CRIMINAL ATTORNEY. I WAS MISREPRESENTED BY THIS ATTORNEY. FOR A YEAR HE POSPONED MY CASE. THE DISTRIC ATTORNEY WAS UNABLE TO CONVINCE THE ACCUSING PARTY TO COME TO… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just sign a 5yr plea bargin aggrement when I am not guilty
I just sign a 5yr plea bargin aggrement when I am not guilty but cause the trying to use my past against me but I have at least two witness that's willing to sign an affidavit in my behalf do u think … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
my granddaughter was offered a plea bargin by her attorney,
my granddaughter was offered a plea bargin by her attorney, he told her she could take the bargain and come home to Ala. or she could stay in jail for a year. She told him she didn't understand what t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
after motion to withdraw a guilty plea was granted, can the
after motion to withdraw a guilty plea was granted, can the judge come back and inforce it when you do not have legal repensentation? 1) had obtain a lawyer 2) lawyer pressured to take plea bargin aga… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
what do you do when a paid lawyer in a criminal matter takes
what do you do when a paid lawyer in a criminal matter takes a plea bargin that doesn't do what is best in your interest and falsley tells you that you will be coming home with this plea… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Can a plaintiff change their mind before being sentenced after
Can a plaintiff change their mind before being sentenced after a plea bargin has been made… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
The prosecutor has a plea bargin for me in a criminal case
The prosecutor has a plea bargin for me in a criminal case At the arraignment can I tell the judge the "punishment is too harsh" and explain why?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Officers come to house, take pics etc. Date is Nov.20,2009
Officers come to house, take pics etc. Date is Nov.20,2009 ---Dec. 31, 2009 came to house arrested her, cop stated the charges were Felonly assault on a minor. Paid bond of 2600.00 to bond out, then s… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,910 satisfied customers
Is there any chance of having a conviction thrown out 5 years
Is there any chance of having a conviction thrown out 5 years after the sentence was served? My son was arrested for DUI, did not take a breath test, his lawyer advised him to take the plea bargin, la… read more
Attorney & Counselor at Law
Attorney & Counselor at Law
Managing Partner
Doctoral Degree
865 satisfied customers
Is a judge legally bound to her word at a sentencing As in,
Is a judge legally bound to her word at a sentencing? As in, she was asked if she would allow SAI (special alternative incarceration) and she said if he qualified and she was sent the proper paperwork… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
in az superior court can a judge presiding over a ...
in az superior court can a judge presiding over a settlement hearing ( plea bargin) preside on the same case in the sentencing hearing? Criminal procedings/felony… read more
Bappelman
Bappelman
Founder / Criminal Defense Lawyer
JD
313 satisfied customers
My son was forced to plea bargin a lewd a lascivious
My son was forced to plea bargin a lewd a lascivious charge by the first lawyer we hired. The second lawyer we hired tried to have the plea bargin recinded but the judge would not throw it out. The st… read more
Legal Professional
Legal Professional
Doctoral Degree
1,168 satisfied customers
the procescutor offered in writing a plea bargin in writing ...
the procescutor offered in writing a plea bargin in writing to the public defenders office it was never offered to the defendent… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
My husband is being offered a plea bargin for voluntary man.
My husband is being offered a plea bargin for voluntary manslaughter because they have my husband recorded stating "he got what he deserves" in the conversation. Should my husband take the plea bargin… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x