Legal Question in Criminal Law in New York
Reversing a plea
Hello and thanks for your time.
I am 60 years old and recently pleaded guilty to two counts of endangering the welfare of a child to avoid jail time for more serious (sex related) offenses.
When taking the plea it was agreed by the ADA and the judge that there would be a ''slap on the wrist'' punishment of 3 years probation and there would be no travel restrictions, no counseling, etc. etc.
The probation officer, however, is requiring me not to leave NYC, not to have grandchildren at my house, go for weekly counseling, and abide by an 8:00 PM curfew. Considering my age, lack of criminal record, only being convicted of a misdemeanor, I thing I am being treated unfairly.
In addition, this is definitely not what was agreed upon. The Judge, however, seems apathetic to do anything about it.
What are my options? Can I reverse my plea agreement? Can I request/demand a change in the conditions of my probation? Is there anything else I can do or am I doomed to a three year semi-prison sentence for doing nothing wrong?
I would like to stress that my prospects of being exonerated at trial were high. I took the plea to avoid the angst of a trial, and the uncertainty how a trial would turn out.
Thanks again for your time!
4 Answers from Attorneys
Re: Reversing a plea
Typically a judge will state on the record that you can withdraw your plea if the PSR indicates a need for a different outcome, as in your case. There are other alternatives, as well. However, you will most likely need the services of a lawyer to accomplish any of them.
Re: Reversing a plea
In certain circumstances there are methods that allow you to withdraw your plea, although it is not always successful. You should retain an attorney to review the record of what happened and to advise you on the best course of action.
Re: Reversing a plea
I owuld like to primarily address the first issue. Overall, probation does have the right to use their own 'best judgment' with regards to conditions placed upon an individual on probation, and generally in cases such as yours such requirements are asked for as a mere extension of the order of protection which was likely placed on you during your case, and was extended at the termination of your trial.
Requesting to change a plea is one possibility, there are several other options however... as the other attorneys who have responded to you have stated... ALL of which you will need to hire an attorney to accomplish...
the only other option is simply riding your probation out and making a request for early termination after completing half of the probation, which you are entitled to legally seek as a remedy as well...
if you have any further questions please call me at 212.709.8303 or email me back at the address provided below.
Re: Reversing a plea
Yes, you can make a motion to have your plea withdrawn, but it would be highly advisable to retain an experienced attorney to represent you and defend and preserve your rights. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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