Legal Question in Criminal Law in Indiana

My son signed a plea bargain for three class D felonies. #1 Possession of legend drug and possession of a scheduled drug. Xanex, Lortab, and Phenagrin, DUI (misdemeanor) Sentencing will be 06/22/10. So these three felonies are strung together. He had a public defender. I asked the public defender why not a plea bargain to the Safe House, or drug rehab. He felt my son wouldn't make it through a lengthy & expensive program, so this was his shortest sentence, and best chance - but honestly. My son admits to opiate addiction, and has been trying hard to overcome it. He feels he is very clean right now, and glad for that much. He's been in jail since 02/04/2010 minus a few weeks. Is signing a plea bargain irreversible? If I attain an attorney to try to prevent him from going to prison, wouldl I have a fair chance, or no chance at all of changing these charges? He feels he was mis represented. The attorney was court appointed. The attorney told him if he signed the plea, it was in his best interest and he would not have any parole after serving his 9 months. This doesn't sound correct to us. How can you not have parole after prison?


Asked on 6/03/10, 7:08 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Parole is not automatic after imprisonment. You can ask the court to allow vacation of the gulity plea, but this will more than likely set the case for trial, not another plea agreement. Other than that, you are always entitled to seek a second opinion from an attorney in your community about your son's chances at a trial.

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Answered on 6/04/10, 10:23 am


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