Legal Question in Criminal Law in Minnesota

court not to abide by plea agreement

I was charged with 2 felonies and 2 misdemeanors for a total of 4 charges for 1 incident. I plead to 1 misdemeanor. The 2 felonies and the 1 other misdemeanor was dismissed. The agreement was 60 days stayed no additional jail time, 1 year probation. At the sentencing the judge said he's not abiding by the plea agreement, execute 90 days remanded immediately. The judge offered for me to retract my plea of guilty, I asked my public defender if I were to take back the plea, would I then be going to trial on all 4 charges, he said yes the dismissed charges would be brought back up. I decided that I didn't want to go to trial for 2 felonies that were dismissed and the other misdemeanor and I was taken out of court in handcuffs to jail. (I had already been released from jail and wasn't incarcerated when I went to this sentencing hearing.) My specific question is: If the felonies were dismissed and I plead guilty to the misdemeanor, to take back the plea of guilty wouldn't I then just be going to trial on the misdemeanor, since the felonies were already dismissed in court?


Asked on 8/04/07, 3:20 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: court not to abide by plea agreement

A plea agreement is not accepted by the court, unless the judge (the court) accepts it. It is rare that a judge will not accept a plea agreement. If a judge will not accept a plea agreement, then you have the right to withdraw your guilty plea. Without knowing the circumstances of a particular case, normally I would presumptively advise a client to withdraw their guilty plea if a plea agreement were not accepted by the court. This would, at least, buy time to consider avaiable options. You should seek legal advice on this question from a lawyer that you meet with in person, so that the alwyer can review your file and discuss all known circumstances of your case.

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Answered on 8/06/07, 11:22 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: court not to abide by plea agreement

Your attorney had it right. The plea agreement is not complete unless and until it is accepted by the Judge. If the Judge does not accept it, then you may withdraw your plea and go back to the drawing board with all charges put back in play.

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Answered on 8/04/07, 8:17 pm


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