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Can a felony sentence be reduced due to a breach in the plea agreement?

Charlottesville, VA |

In the guilty plea agreement there was a stipulation that money would be returned to the offender within 60 days. It was not. Is this a breach of the agreement? If so, what can be done to reconcile the issue?

Attorney Answers 4


  1. Not having been present for the underlying plea agreement, I can't answer your question, and I suspect that others will encounter the same difficulty. The place to seek a real answer to your question would be from the lawyer that represented you at the time. No one else can match that individual's knowledge and perspective.


  2. Speak to your attorney and ask him. He was there and involved in the negotiation.


  3. Ask the counsel of record for the advise who was in the best position to negotiate the plea agreement and is familiar with all its essential aspects for further recommendation.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  4. Your plea only gives the court jurisdiction to go against you, if you violate the terms of the agreement, or violate probation. It does not allow the court to change your sentence. Your sentence was final 21 days after the sentencing order was signed, and there is nothing the judge can do about that sentence at this point. Your only option would be to sue the police department, or whomever is holding your monty for its return.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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