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How do you have pending charges dropped after signing plea?
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.
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
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.
Could a defendant reject a plea bargain after signing?
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.
Bernie Madoff Plea Agreement?
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
When a plea agreement is made between the prosecutor and the defendant does the plea agreement stand as stated or can the judge change the sentence?
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.
When its not appropriate to offer a plea bargain agreement?
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.
Can a plea agreement be changed?
Yes, 'the court' is not bound to accept a plea agreement made between the prosecutor and the defendant.
What are Grounds to withdraw plea of guilty?
Huh? Maybe the fact that you're NOT guilty?
If a plea deal allows you to withdraw a guilty plea are you a convicted felon after that plea is withdrawn and the case dismissed?
You are not "convicted" unless a verdict has been rendered and a sentence pronounced. It that never took place prior to the plea bargain, then no, you are not.
An agreement between the prosecution and the accused to agree to a lesser charge is known as?
Plea bargain.
What does open plea mean?
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Once the plea agreement is offered how long does one have to use it?
There is no statutory time limit on a plea bargain offer - however the decision is best made quickly. In my experience, I'd say usually 24 hours, or less. The prosecutor may withdraw the offer at ANY time. For one thing it is done within the timeframe of the "speedy trial" statutes and cannot be seen as hindering the timely flow of the case.
