Legal Question in Criminal Law in Alabama

can a plea bargain be reversed?

my step son accepted a plea bargain for a crime he did not commit.

he had no way to prove he did not do it.

the judges in our county are all appointed by the attorneys that run this county.

the DA told him that he could do his time in the county jail and that he could get out on work release.

none of this has happened.

can you help?


Asked on 10/22/08, 10:20 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: can a plea bargain be reversed?

Maybe. There are certain situations where a plea can be withdrawn directly by filing a motion to set aside the plea. In other situations, your son may have to file what is called a Rule 32 petition. In a Rule 32 petition, your son would allege claims such as that he received ineffective assistance of counsel or that he did not knowingly and voluntarily enter his plea.

Our office does handle cases of this nature, but I would need to know more details before I could determine whether this may be an option for your stepson. If you would like to speak to me about the situation, please feel free to call my office and press 1 to reach my extension.

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Answered on 10/22/08, 11:32 pm


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