QUESTION
Does a Judge usually take back your plea at sentencing?
Asked on Jan 25th, 2013 on Criminal Law - New York
More details to this question:
My boyfriend plead guilty to multipule charges. His Judge stated after he had plead guilty that if he gets in trouble between his plea and his sentencing date he will put him in jail for 2 years. He had got tickets before right his sentencing. He already had his PIS meeting and they recammeded him for probation. His sentencing date is on Monday. Please help im so nervous.
1 ANSWER
If a defendant violates the terms of his plea the judge has the ability to sentence the defendant and not allow him to take back his guilty plea. Most judges will not violate a defendant based on "tickets." If a defendant is rearrested on new charges while he is awaiting sentencing the judge will make his/her determination based on the type of new charge and the strength of the new charge. Hopefully he has a good lawyer who can convince the judge to honor the plea.
Answered on Jan 25th, 2013 at 4:32 PM