Legal Question in Criminal Law in Arizona

plea agreement shaft

I was offerd a plea agreement,Iaccepted. went in front of the judge w/my attourney and dist att. pleaded guilty and recieved 6 mo. d.o.c and 3yrs. probation. went to probation dept,as the judge reqested. pro dept, sent presentence Investgation back to the judge.they accepted the 3yr term. returned to court and the judge wanted the d.a to explain why he offerd me this plea ? he said he did not do his job and apologized. now I want to know if he can make the offer,have me my att,and himself sign the plea agreement,which we did,and then say oh well ,I didnt reveiw the case before I offerd it so now I have changed my mind. what can I do?


Asked on 4/10/05, 9:57 am

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: plea agreement shaft

The judge after receiving the probation report can decide that he will not sentence the defendant pursuant to the plea bargain. If the court decides that it will not follow the plea bargain, the defendant is informed that the court will sentence him and he is given the opportunity to either accept that sentence or have his guilty plea withdrawn.

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Answered on 4/11/05, 2:39 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: plea agreement shaft

If the D.A. signed the agreement and the court entered the same judgment (including the sentence) which the agreement called for, then it is too late for the D.A. to change his mind. If the court has not entered judgment yet, then it can reject the plea agreement. If that happens you are not required to accept a different agreement and you may choose to go to trial instead.

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Answered on 4/11/05, 5:07 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: plea agreement shaft

Seems to me you have a plea agreement accepted by the court. It's a done deal, isn't it? What was your charge?

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Answered on 4/10/05, 1:57 pm


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