QUESTION
court is not in compliance with plea agreement
Asked on Aug 06th, 2014 on Criminal Law - New Jersey
More details to this question:
i pled guilty tin agreement to a sentence of time served and probation to be terminated at time of sentencing. However I have been required to report to probation as the presiding judge did not terminate probation as per plea agreement. This may be in part the fault of my attorney, whom dragged his feet after the judge decided to stipulate that fines be paid (were paid within a half hour of sentencing) before accepting a motion to terminate probation Attorney waited to file and now the judge is on vacation for 3 weeks, leaving me to report to probation
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the written plea agreement will set forth the terms and conditions of the agreement. what does the plea agreement state about termination of probation ? the written agreement and your testimony in front of the judge regarding the plea agreement will control. was probation discussed ? if nothing was said and nothing was written about probation, your attorney and the prosecutor must go back before the judge to have an agreement that probation will be terminated. this is not difficult. in the meantime, i would report to probation. please call if we can help. ed dimon, esq. 732-797-1600
Answered on Aug 07th, 2014 at 12:58 PM