Can a plea be withdrawn if the conditions of probation are changed?
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Can a plea be withdrawn if the conditions of probation are changed?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 13 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 If the judge disagrees and later changed your conditions, your plea could be withdrawn at your discretion and if the judge did not give you that opportunity, then you may have an appealable claim.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.
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