Yes, it is possible to vacate a judgment after a plea agreement, but the process depends on the specific circumstances of the case and the jurisdiction's laws. Generally, a defendant may file a motion to vacate the judgment, citing reasons such as ineffective assistance of counsel, new evidence, or a violation of their rights. The court will then review the motion and determine whether there are sufficient grounds to vacate the judgment. It's advisable to consult with a legal professional for guidance tailored to the individual case.
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.
Unless the judgment is worded to specificallyexclude certain privisions and/or specifically include certain others, just a general motion to vacate refers to the ENTIRE judgment.
You need a lawyer.
Massachusetts law on time frame to file a motion to vacate
Of course they can. Although, they may not be willing to incur the additional expense to do so. Since a judgment is a legal action, the creditor, or their attorney, would have to go back to court and file a motion to vacate (dismiss) the judgment. You would then need to follow procedures to make sure that the order to vacate was recorded and also forward it to the credit bureaus requesting deletion of the legal entry.
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.
10 DAYS
Plea bargain.
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.