Legal Question in Criminal Law in Ohio

Change in Plea at Sentencing

Can a guilty plea under the understanding that you are accepting a certain punishment be changed at sentencing? My brother was told he would be able to do a ''rehabiltation facility'' for 6 months and if he did not complete it successfully he could spend up to 1 year in prison. He plead guilty with this understanding and the judge on sentencing day sentenced him to 2 years in prison. None of the lawyers in the room could believe this and the DA was overheard saying ''someone in '' '' really has it out for him''. '''' is the town he lives in.

Please help we are all devastated!


Asked on 11/29/05, 8:38 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Change in Plea at Sentencing

The short answer to your question is that your brother may very well be entitled to withdraw his guilty plea under the facts that you describe. The problem, however, may be in proving that his guilty plea was obtained based on a promise of a specific sentence. Most judges do not do that. Instead, most judges explain the range of punishments.

You should encourage your brother to talk to the attorney who negotiated the plea agreement for him and ask that attorney to go back to the Judge. There may be many reasons why your brother would plead guilty even with a 2 year sentence, but he should at least understand that is what is going to happen.

I hope this helps!

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Answered on 11/29/05, 8:45 pm


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