Before the sentence is imposed, the court can grant a motion to withdraw for any fair and just reason. But, the standard changes significantly after sentencing to require proof that it is necessary to avoid an injustice. Once the judgment is final you probably can not.
The question is somewhat unclear. Once you have signed a 'plea agreement' the charges are no longer "pending" because you have already signed a plea agreement. By signing the plea agreement you have, in effect, pled guilty to the offense(s) for which you were charged, or a reduced version of them. You (or your attorney) can file motion to withdraw your plea if you wish, but by withdrawing the plea you once again make yourself subject to prosecution for the original (un-reduced) offense. If you are asking about how to have the charge(s) removed from your public record (expunged), you will have to look into the procedure that is in effect in your state.
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
There are several instances when it\'s not appropriate to offer a plea bargain agreement. In any case where there is sufficient evidence, then a plea bargain agreement should not be offered.
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
If you (or your attorney), signed a plea agreement it means you have 'pled' guilty to a lesser offense than the one you were originally arrested for. You could withdraw your guilty plea to the lesser offense, but that just means the prosecutor will simply withdraw the watered down charge and charge you with whatever your original offense was.
In most cases, the judge will honor the terms of the plea agreement as long as it is lawful and fair. However, the judge does have discretion to accept or reject the agreement or impose a different sentence if it is not in the best interest of justice.
Plea bargain.
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Any plea, including one made as a part of a plea agreement, can be withdrawn up until the moment the judge enters the disposition (guilty/not guilty) at trial.
no
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
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