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I am looking to get the plea agreement for my father.

Customer Question
I am looking to...

I am looking to get the plea agreement for my father

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes case number *****

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

His public defender will not give us this information because we are not his power of attorney

Submitted: 7 months ago.Category: Family Law
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
Just looking for a copy of the plea agreement
Answered in 15 minutes by:
12/1/2017
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Because of attorney/client confidentiality, your father's attorney unfortunately cannot give you a copy of the plea agreement. You would have to go to court and get appointed power of attorney, as the lawyer said. You can check with the court to see if the plea agreement was filed as part of the case. It's also possible that it's referenced in the sentencing documents, even if the agreement itself has been sealed.

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Customer reply replied 7 months ago
Would my father have to request poa?
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

He could sign a form granting you POA. It can be relatively simple.

If he doesn't want to do that, then it's possible for you to go to court and request it. You'd have to be able to show that he doesn't have the mental capacity to manage his own affairs.

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Customer reply replied 7 months ago
When he signed the plea agreement how long can it take to go into affect? He’s currently incarcerated at Westville prison for a previous charge. His time is now done at Westville but is still there....
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Sometimes there are clauses that would go into effect immediately. If you were watching the news today, you might have seen that, where Flynn had to provide information before the plea agreement was filed.

Most of the time, though, the plea bargain goes into effect at sentencing. That's because the judge technically doesn't have to accept the prosecutor's sentencing recommendation, even though in practice the usually do.

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Customer reply replied 7 months ago
At the time of his sentencing he was already serving DOC time at Westville prison for his 1st charge. On Nov 19th the judge signed off on his release. Now that he has already served and completed his time for the 1st charge shouldn’t the 2nd go into effect immediately? His public defender has not reached out to him
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

It would go into effect as soon as the judge approves it. It's possible he could wind up with a few days out between, if he hasn't had a sentencing hearing yet.

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Customer reply replied 7 months ago
He has already had his sentencing hear though....
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Sorry, I misunderstood. Then yes, the second sentence should start now, unless it started at the hearing and he's getting credit for serving both sentences at once.

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Customer reply replied 7 months ago
His plea agreement was for work release. I’m confused as to why he’s still in Westville prison and not at the work release?
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Do you have the documentation from the sentencing hearing?

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Customer reply replied 7 months ago
I don’t have any paperwork and his public defender won’t give me any because I’m not his POA.
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

See if you can get it from the court. That should be part of the public record. And it might give you a better idea of what's going on.

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Do you have any other questions about this?

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