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Thank you once a person is convicted and sentenced to prison…

Thank you once a...

Thank you once a person is convicted and sentenced to prison on a plea deal, .. is there any way to change the sentence?

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

It was a plea deal. Indecent liberties with a minor

Lawyer's Assistant: In what state did this occur?

Nc there were 7 counts, and the deal was 7 year 7 months

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it

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Customer reply replied 3 months ago
I was the plaintiff.. and the defendant was a family member... the district attorney was going to give him a lesser sentence of like 2 years, but we hired a separate attorney, and ended up agreeing to the 7 years, 7 months .. what i am wanting to know, as a plaintiff in the case, can the sentence be changed at this point in any way ?
Answered in 6 minutes by:
3/21/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,337
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 3 months ago
Ok, thank you very much

No you can't change the sentence of an agreed upon plea. What you could do is to contact a post-conviction lawyer and see if you could get the plea overturned.

However, I will not sugarcoat this. It is very difficult to get a plea back once a defendant has pled guilty. That's because judges take precautions to make a plea airtight. They all ask a series of questions either on the record or on papers, whereby a defendant has to acknowledge that he or she knows that he is voluntarily and of his own free will giving up his right to hearings and trial and is pleading guilty because he is actually guilty, among other questions. If the defendant doesn't give the right answers, the judge will not accept the plea.

If the defendant DOES give the right answers and at some point down the road wants his plea back, his admissions in court made at the time of his plea can be used against him to deny him the opportunity to get his plea back.

If this defendant has pled guilty but not yet been sentenced, he could show up on his sentencing date, say he's not ready for sentencing and ask to be able to withdraw his plea. The judge has the discretion to allow it if they feel it is in the interest of justice. If the defendant has already been sentenced, he could try to reverse his conviction in an appeal or a post-conviction motion as I indicated earlier.

If he got his plea back, that's no guarantee he'd get a better deal. He'd likely have to try the case, which is something else he may not wish to do and why he agreed to a plea in the first place.

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Customer reply replied 3 months ago
He has already been sentenced and they were run consecutive.. he has no prior criminal record. The district attorney thought it was too much time, but we were so angry at the time..... decisions were made out of anger. I just want to see if it could be changed to more of what seems fair...
Customer reply replied 3 months ago
Can you refer me to a post conviction attorney in or near Raleigh NC?

We're not allowed to make direct referrals to lawyers or law firms, but I can give you the names of some lawyer referral services, which are what lawyers would use if they needed an out of state lawyer and didn't know of one.

Try the North Carolina Bar Association's Lawyer Referral SErvice. They charge a fee of about $50 for the referral which includes a free half hour initial consultation with the lawyer. YOu're looking for a criminal defense lawyer who does post-conviction work.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NC

There are also commercial legal referral services. Two good ones are www.Martindale.com and www.Avvo.com. Many of their lawyers are peer and client-rated to help you narrow down the field.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,337
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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