QUESTION

Is too late to request that the mandatory part of my husband's plea deal be dismissed?

Asked on Mar 13th, 2013 on Criminal Law - California
More details to this question:
My husband is scheduled for court 03/15/2013 to take a 5 year, 3 mandatory plea deal but we ask our attorney to request that the mandatory part be dismissed being that my husband has no priors he will get gain time. This case is 3 years old is it possible to request such or change attorneys?
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5 ANSWERS

John J. Carney
If he took a plea for 3 years, and that is not at all clear from your question, then the judge will not likely allow him to take his plea back. You can always change lawyers unless they are a public defender in which you need a good reason to ask for another lawyer. If he was going to lose the trial and get more jail time then he has no alternative except to stay with the plea deal.
Answered on Mar 17th, 2013 at 10:44 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Mar 14th, 2013 at 6:44 AM

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Michael J. Breczinski
It is possible to request a change of attorneys, ask the judge.
Answered on Mar 14th, 2013 at 6:42 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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I don't understand the term mandatory plea deal. It sounds like he took a deal, but is still pending sentencing, and now wants to continue to negotiate the deal. This can be very difficult and, in fact, may be impossible at this point. He will probably need to move to withdraw his plea. He needs to talk to his lawyer about this. If his lawyer is court appointed and he wants a new one, he can ask the court for a Marsden hearing. Keep the following in mind: if he successfully withdraws his plea, prepare to take the case to trial. The DA is not going to serve up whatever he wants, in terms of a plea bargain, on a silver platter after he withdraws his a plea. Also, if his reason for asking for a new attorney is that he doesn't like the plea bargain, that will be insufficient for a judge to appoint a new attorney.
Answered on Mar 13th, 2013 at 3:58 PM

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Criminal Law Attorney serving Boulder, CO
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You are always able to change attorneys - but, if court appointed, then you may have to hire one to change its not too late, but my guess is that the DA will not budge on the offer without further litigation
Answered on Mar 13th, 2013 at 3:58 PM

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