Can a plea be withdrawn if the conditions of probation are changed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a plea be withdrawn if the conditions of probation are changed?

I made a plea on a DWI case in court; the judge agreed to the terms of the 30-day work release but later changed the conditions. I expressed to my lawyer very definitively that if I couldn’t have 7 days of work release per week than I couldn’t agree to the plea.

Asked on November 23, 2010 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absolutely judges have ultimate discretion to change plea deals and decide whether or not the plea agreement between the prosecutionand defense would be prudent.  If the judge disagrees and later changed your conditions, your plea could be withdrawn at your discretion and if the judge did not give you that opportunity, then you may have an appealable claim.  Talk with your lawyer about appealing the judgment or going to talk to the prosecution about post-conviction motions they may be able to bring to fix the issue. If you took the plea and the judge's decision and didn't preserve the matter for appeal or waived your right to a trial, you may need to weigh whether or not you have any other legal options to have this matter brought before another judge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption