Legal Question in Criminal Law in Mississippi

Changes in Indictment Papers after sentencing

My husband was charged in October,2002 with grand larceny from August, 1999. He agreed to sign a plead of guilty on the condition that he receive probation or house arrest. However, on the date of sentencing, the judge changed his mind and he was sentenced to RID. The victim's impact statement had changed from the original report from ($3000 to $15,000.) His original indictment papers only listed 4 items. They were changed after sentencing to refect items not originally reported but listed on victim impact statement. We were never given a copy of original report, victim impact. All we had was the original indictment papers. Is there anything we can do?


Asked on 7/18/05, 5:22 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Changes in Indictment Papers after sentencing

Unfortunately, in Mississippi, plea bargains are not binding on the judges. While judges are encouraged to follow plea bargain deals, they don't have to do so. They are bound only by the limits of their authority.

The change in amount from $3K to $15K doesn't matter, because either amount is a grand larceny. However, if your husband disputes the amount of claimed restitution, he should have the right to a restitution hearing where the judge will then decide the appropriate amount of restitution. Nonetheless, if I recall correctly, grand larceny is anything over $500, so as long as its over $500, the plea to grand larceny will stand. How much restitution is owed is another question all together.

Read more
Answered on 7/26/05, 12:47 am


Related Questions & Answers

More Criminal Law questions and answers in Mississippi