Legal Question in Appeals and Writs in Colorado

plea bargain over ruled

once a defendant has agreed to a plea bargain and presented his plea before a judge, can the judge break the agreement and apply their own sentence? Is the defendat entitled to an apeal?


Asked on 4/13/04, 7:42 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: plea bargain over ruled

The judge cannot change the sentence if the sentence conditions were a part of the agreement. The judge can reject the agreement, make changes, ask you if you still want to plead guilty. If you accepted the changed agreement, the court will hold you bound to the new agreement. If the sentence conditions were not part of the agreement, the court can sentence you as it likes. Yes, the defendant is entitled to appeal. Yes, we can pursue changes, and can try to withdraw your plea.

Read more
Answered on 4/13/04, 8:07 pm


Related Questions & Answers

More Appeals and Writs questions and answers in Colorado