Legal Question in Criminal Law in California

I have 5 charges. 2 assault with deadly weapon; 1 of them enhanced with great bodily injury, mayham, possession of deadly weapon, possession of stolen weapon. I signed a plea bargain and the judge said if I agree being guilty for all the charges, I will only be charged with possession of deadly weapon and get 2 years jail time. He didn't mention anything of getting strikes and my lawyer said that possession isn't a strikeable offense, so I will not be getting a strike. My new lawyer now, is saying that it doesn't matter what the lawyer and judge said. I signed being guilty to all the charges, so I will be recieving 2 strikes for the 2 assualt with deadly weapon. First, is this a "Sentence Bargain," since I pleaded guilty to all 5 charges, although I only got charged with one? Second, is it legal for the lawyer and judge not to mention the strikes? Third, I researched and heard from many people that the judge and lawyer must explain all possible results of the plea. However, they didn't and I did not knowingly and intelligently sign my plea bargain. The lawyer didn't convey the deal correctly to me, or maybe he didn't realize exactly what the plea was. Is there a way I can re- negotiate my plea although I already signed it. My new lawyer tried to waive the plea and the judge said if he accepts it, we will have to take it to trial instead of re-negotiating the plea. Please give me your advice on what will happen and what I should do. Thank You


Asked on 2/23/11, 10:11 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Advice? Listen to your lawyer. He is the only one familiar with all the facts and evidence. There is no magic wand to make this go away. It doesn't matter what grounds you think you have to complain about, the judge accurately stated your choices: either take the plea bargain or go to trial. Same choice as any other defendant in any other case. There is no rule making the DA or Court renegotiate just because you want to; it is entirely within their discretion. They never had to plea bargain with you at all.

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Answered on 2/23/11, 12:32 pm


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