Legal Question in Criminal Law in California

adhering to a plea agreement

I was recently railroaded in a Sacramento County Superior Court.I went before a judge who I had a plea agreement worked out with that involved a 3 year probation & a 90 day suspended jail sentence. We (the judge,myself,the D.A.,and my Pubic Defender) all signed the paperwork that we had come to agree on these conditions,andb in return I would give them a guilty plea on one of their charges. The judge then informed me that he was going into retirement at the end of that week so I would have a different judge at my formal sentencing.He told me that if for some reason the other judge didn't adhere to the agreement that we had negotiated,that I could retract my guilty plea and we would go back to the prelim.hearing phase of the precedings. I was before the new sentencing judge and I guess I answered a question wrong in his eyes and he went totally against the piea agreement that was previously nogotiated and sentenced me to 4 years probation and a 365 day suspended jail sentence! I immediatly had my attorney tell the court that I wanted to retract my guilty plea on the grounds that my plea agreement was totally shot down.The judge shouted ''DENIED''! Now I'm stuck with this horrible sentence that I never would have agreed to.Whatcanido?


Asked on 4/06/07, 10:18 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: adhering to a plea agreement

If your public defender feels there's nothing more she can do (and if this happened less than 60 days ago), you can appeal. Having qualified for a P.D., you will probably also qualify for an appointed appellate lawyer. Have your P.D. file a notice of appeal before time runs out.

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Answered on 4/06/07, 1:11 pm


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