Legal Question in Criminal Law in California

withdraw plea

my husband and I - co-defendants,plea bargained in which my case was dismissed. If he withdraws his plea would that change my dissmissal?


Asked on 9/01/07, 6:16 pm

1 Answer from Attorneys
Jim Herbe Black & Lobello

Re: withdraw plea

It would depend on a couple things:

1) Was your case dismissesd with prejudice? If so, the prosecutor could not reinstate charges against you regardless of your husband's withdrawal plea.

2) If your plea bargain was contingent on your husband's plea and your charge was dismissed without prejudice, the DA could reinstate charges.

If you'd like to contact my office further to discuss your matter please feel free to do so.

Best Regards,

Jim Herbe

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Answered on 9/02/07, 5:47 pm


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