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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I entered into a plea agreement on a criminal charge. But

Customer Question

I entered into a plea agreement on a criminal charge. But the prosecutions paperwork has someone else's name on the documentation. Is this the agreement still enforceable or can I get these charges dismissed completely
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, L. Can you please tell me:

1) Have you SIGNED the plea agreement yet? If so, has the DA signed it as well?

2) Have you stood in open court and agreed to the plea agreement as the plea agreement document was introduced?

3) Have you already plead guilty (this may have happened during #2)?

And is yes to any/all, then about how long ago did this happen? Thank you.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1) yes, I signed and initialed the plea agreement with someone else's name at the top.
2) yes
3) plea was no contest. This just happened Friday, June 3, 2016
It also discloses incorrect additional charges (never charged with this offense) that were to be dropped against me.
Customer: replied 1 year ago.
The name is ***** ***** a miss spelling it's completely the wrong party in this case. The name on my documentation is the other defendant - basically I agreed to a plea agreement in the other defendants name, per the paperwork I have in hand. I didn't look at it closely until today
Expert:  Ely replied 1 year ago.

Thank you.

What happened is that you signed someone else's plea agreement (it sounds like).

While your attorney can attempt to throw out the plea deal, the MAJORITY of it will likely stick. Why? Because you plead no contest in open court and that is on record. Ergo whatever is on ON RECORD (was plead to in open court) is applicable. However any other nuances that were not discussed in open court are up for debate because it can be argued that you never agreed to them (since the document did not apply).

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Customer: replied 1 year ago.
The other defendant already excepted a lesser charge and plugged guilty. Long before my court date last Friday.
The other defendant already had their charges and case completed.So basically, even though it's a gross error in the name of the defendant it will still hold up in court.
In open court I only played no contest to charge nothing was read aloud and what those charges were, just that the prosecutors office and myself had arrived upon an agreement. The only thing discussed in open court on record was what would happen if I did not comply with the Plea agreement which is in someone else's name.
Expert:  Ely replied 1 year ago.

Let us step back a second. In open court, did you plead to YOUR charges, or to charges of the defendant that was on the document (i.e. did you take a plea for someone else)?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.