If the judge promised less and said 15 yrs after reading the probation report or promised 15 and read the probation report and said he had to/wanted to give more than 15, that is normal to agree to withdraw the plea. The max is 25 and minimum is 5 if no prior felonies so accepting 15 is tough and accepting more is ridiculous so withdrawing plea would make sense.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Usually there is much resistance from the DA and the courts. No one here can speculate as to what is or isn't happening. You should be discussing this with his attorney.
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DAs usually oppose motions to vacate pleas. No one can give you any concrete opinions without knowing what took place and what the basis for the motion to vacate the plea was.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Typically there is opposition to withdrawing pleas from the prosecutor and the judge as they want there to be closure in a case and not have to worry about people changing their minds. However 15 years is significant time on an assault charge with no criminal background. I assume there were significant injuries or a deadly weapon was involved (gun/knife). Each case is different and without knowing more facts, it is impossible to know why they did not oppose the motion. Perhaps they feel that the sentence is too lenient given the case?
Is this a permanent or temporary condition. Your best bet is to obtain copies of all your medical records relating to this injury and speak with an attorney about a possible lawsuit. Keep in mind that you need to file a notice of claim against the city within 90 days of the incident occurring to preserve your right to sue in the future.
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com