Is there any way to reverse a plea bargain that has already been exepted. My son was talked into plea bargaining by the judge.
Are there any laws that allow for the plea bargain to be reversed??? We found that the public defender withheld evidence from both my son and the court that was in his favor.Did the judge have the right to try to influence my son and me to persuade my son to take the plea? Also the same judge gave him 2 yrs, a county year in Jail. He Broke His Word!
Are there any circumstances that would allow the plea bargain to be thrown out or reversed? In jail he has been wrongly charged with something else and is now being told he cannot go to court and defend himself the judge listens to the DA and makes a decision based on what he hears. What can I do about that?
Additional information
Yes, he was sentenced 3 mos ago. The transcript seemed to say he got 2 years, then it said 1 year in the county jail, 5 yrs Felony Probation. The Plea charges read - in violation of section 245(a)(1) of the Penal Code of CA, for "Willfully" commiting an assault on the PASSENGER (my son's ex-girl) with a deadly weapon (the Judge crossed out "CAR and by means of force likely to .......") The 2nd Charge was GBI - DOMESTIC VIOLENCE CLAUSE as to Defendant ..... This charge reads "PERSONALLY inflicted great bodily injury upon ...(the "Ex") My son says he didn't even know she was in the car (which had tinted windows and she's very petite.) The car's driver wasn't mentioned, BUT this was an altercation between the TWO MEN. How is that Personally and Intentionally harming HER?
Attorney answers (1)
Robert Lee Marshall
Reputation Level 20
Answered over 2 years ago.
Criminal Defense Attorney in Chico, CA.
I'm a little unclear on what happened. Has your son already been sentenced? Do you mean the judge put your son on probation, with a two year suspended state prison sentence and a year in county jail as a condition of probation?
A motion to withdraw a plea has to be made before sentencing or, if probation is granted, within six months. California Penal Code 1018.
If you're outside those time limits....
Judges are not supposed to engage in arm twisting, and if there were promises made but not kept, your son may be able to overturn his conviction with a writ of Habeas Corpus. The California Courts website has a habeas petition your son can fill out, but this is a complicated process that is usually better handled by a lawyer. You would also need transcripts of all of the court proceedings or, if the events were not taken down by a court reporter, declarations under penalty of perjury from people who were there.
If your son's attorney withheld evidence, which resulted in ineffective assistance of counsel, that could be grounds for a habeas petition, too.
A word of caution, though...
Many public defenders are among the best lawyers around, but they have heavy caseloads and don't always have time to make nice with clients' families or explain what is happening.
In addition, keep in mind that your son's lawyer is bound by the attorney-client privilege and may have discussed things with your son that he can't reveal to you. Like all good criminal defense attorneys, I don't care what my clients did; my only concern is defending them, and I don't want to be surprised in the middle of a trial by something my client didn't tell me. That's why clients sometimes tell me things they aren't comfortable discussing with their own parents.
For instance, when I was a public defender, a client's mom got very mad at me because the police hadswabbed her son's hands for gunshot residue and I didn't get the swabs tested. What I couldn't tell mom was that I told my client that we'd have to share the results with the prosecution if my office performed the tests.... and was he sure we really wanted me to do that? He decided we didn't.
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