Legal Question in Criminal Law in New York
my son took a plea bargin for assault in march for a 6 month 5 year probation, the judge said as long as he did not get arrested before sentencing the deal was made when he went to get sentenced the judge said he could not live with himself ony giving him that so said he was going to confrence with the da and lawyer i tought when he pled guilty and followed not getting in trouble it would be a done deal
2 Answers from Attorneys
a judge has the right to change a plea bargain as long as he allows the defendant the right to withdraw his plea if he is dissatisfied with the new offer. The only time a judge must go through with the deal is if the plea bargain requires the defendant to do some affirmative act, like complete a program or cooperate with the prosecution against a codefendant. If he does what he is required to do, then he must be given the terms of the pleas bargain.
It's only a "done deal" when the Judge accepts the terms of the guilty plea agreeement. Until he does that the terms may be changed.
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