Legal Question in Criminal Law in Minnesota

Plea Agreement Validity

My attorney notified me that the city attorney was offering a plea agreement ~ I plead guilty to DUI, the other charge I was facing would be dismissed. I went directly to my attorney's office and signed the plea agreement. However, when I appeared in court to enter the plea before the judge, I was told that the city attorney had dismissed the other charge as promised, but now the county attorney was picking up the charge.

This seems very unjust! Is this legal? If not, how do I go about righting this wrong? I have been sentenced and my ($2000.00) attorney informed the judge at my last court appearance that she was no longer representing me.

The plea agreement issue and certain other circumstances surrounding my case have me wondering if I may have been used as a pawn. This legal matter (my attorney originally said could be beat - due to lack of probable cause for the initial contact) has turned into a nightmare! Due to the string of events that have occurred throughout this ordeal and since my sentencing, I feel that I am being railroaded by the authorities and my attorney.

Your time and attention are GREATLY appreciated!! Thank you!


Asked on 11/08/03, 4:02 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Plea Agreement Validity

Your story is missing key information. If you were charged with two crimes, alleged to have arisen from the same behavioral incident, in Minnesota generally there can only be one conviction, at most. Therefore a sentence in state court on one would preclude a second charge in state court, by law. You should discuss this situation with a good criminal defense lawyer. You can make an appointment for a one-hour, free office consultation with me by contacting me to make an appointment.

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Answered on 11/10/03, 5:16 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Plea Agreement Validity

Th information that you relate does not make sense. If the two charges occurred out of the same nexus of facts, they should not have different prosecutors. Moreover, if your agreement was that one chagre would be dismissed and that was not done, you should have withdrawn the plea.

Please contact us at 952.746.2153 of http://www.criminal-law.tv

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Answered on 11/10/03, 9:25 am


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