Legal Question in Criminal Law in Missouri

My fiance was offered a plea bargain by a prosecuter in a missouri county for 1 year of jail time. He was told he would be given credit for all time he has already served in the county. He had served 7 months in county jail the prior year so he accepted the plea bargain. After accepting it they are now saying that he wont get any credit for the 7 months he already served because he was being held on other charges as well. The charges he was sentenced on were not issued warrants for. They only issued summons for these charges because he was already in custody. They are doing this on purpose and I dont know what to do. Should he have his attorney pull the plea since he was mislead and lied to? The judge told his attorney today that he would give him credit for the time served if his attorney could find a similar case where the judge was allowed to give credit for time served in a county jail when the time was not technically served on that exact charge. Does such thing exist? Cant the judge make this decision anyway? My fiance only took the plea because he was supposed to be out last month. We have a baby due in 3 weeks by c section and we have 2 boys already. I know I will need his help after the surgery and cant take care of all 3 boys and all their needs with staples in my abdomen. Please help I dont know what to do


Asked on 7/15/14, 12:53 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your husband has an attorney, so I can't advise him. But, I can answer your question that, depending upon the crime, the judge can amend or suspend part of the sentence.

Good luck

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Answered on 7/17/14, 3:16 pm


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