Legal Question in Criminal Law in Tennessee

can i ammend a plea bargin with in 48 hours after the hearing


Asked on 7/07/10, 6:59 pm

1 Answer from Attorneys

There is no general right to amend a plea agreement or to withdraw from a settlement in which all of the terms were fixed by agreement. The judge, under certain circumstances, can reduce a sentence for good cause (generally, Rule 35 of the Tennessee Rules of Criminal Procedure allow a judge to reduce a sentence within 120 of entering the judgment.)

The standard to withdraw a guilty plea depends on when you want to withdraw the plea:

- Prior to sentence = "for good cause shown."

- After sentence is imposed = "to prevent a manifest injustice."

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Answered on 7/08/10, 2:53 pm


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