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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?

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Attorney answers 4


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.


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


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.

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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.]