If the D.A. and attorney screwed up on a plea deal that stated the accused is NOT suppose to register as a sex offender on one charge, but the false imprisonment is the charge he's being requested to register under.......can a Judge correct this matter and how?
If she Sheriff is requesting he register today and my attorney is filing motions on this case this morning in Court, can the Judge issue and Order or something for the Sheriff (so my son doesn't have to register right now) until this matter is rectified?
Criminal Defense Attorney
A judge can correct the plea. The case would have to be calendared and the judge would have to modify the accused's sentence, so that the correct charge for registration is stated. However, if the sex registration is a condition of probation, then the accused may have to register under the false imprisonment charge for the period of probation.