I need to know if I can have a sentence switched after the conviction?

I was just sentenced yesterday for my 2nd DUI in 3 years. I was given a plea agreement with my public defender that stated 2 days in jail, 2 years probation and possible a fine. When we went before the judge, I was told I also needed to choose between to 28 days home monitoring or 224 ouhrs of community service. I was put on the spot to choose and I believe I chose wrong for my situation and work schedule. I chose community service but would really need to have home monitoring. Is there a way I can get this switched?

Asked on October 6, 2011 under Criminal Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you showed up on court concerning the sentencing for a second driving under the influence conviction of alcohol or a controlled substance in two (2) years and you agreed to a particular sentence, the chances of you being able to change the sentence that you elected (community service) to home monitoring is pretty remote is the court specifically asked you if you knowingly agreed to the terms of the sentence that you agreed to.

In any event, if you had an attorney representing you at this sentencing hearing, you should immediately contact him or her about the possibility of changing the sentence to the other option. If you did not have an attorney at this sentencing hearing, you should consult with one as soon as possible.


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