sentencing
if you sign a plea agreement and are sentenced can you still withdraw plea. does court always have to start with judge arriving and people stand.
Asked on 1/30/08, 11:11 am
2 Answers from Attorneys
Clifton Hypsher
Hypsher & Assoc., LLC
Re: sentencing
You can attempt to withdraw your plea under Criminal Rule 35c under certain circumstances. As for standing - it is customary to show respect for the court. I don't know of any law that requires one to stand - but the Court may have you ejected or hold you in contempt if you don't.
Answered on 1/30/08, 11:27 am
Philip Rosmarin
Rosmarin Law Firm
Re: sentencing
You can withdraw your plea if you can prove it was not made knowingly and voluntarily. And defense lawyers and prosecutors would probably end up in a fistfight if the judge wasn't there, so it's always nice to start with a referee.
Answered on 1/30/08, 8:49 pm
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