If you plead guilty to a felony but have not been sentenced yet can the charges be dropped?

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If you plead guilty to a felony but have not been sentenced yet can the charges be dropped?

My fiance has a domestic violence charge against him. The court ordered a no contact for 30 days. He was at the house started drinking and became verbally abusive. I then had called the cops to have him leave. They obviously arrested him due to the no contact order. He plead guilty to the domestic to get out of jail. I had previously tried to get the domestic dropped but no one returned my calls. Can I still get this dropped even after he plead guilty but has not been sentenced? Can he chose to plead innocent? Is there anything I can do so he does not get a felony charge?

Asked on January 5, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your boyfriend has pleas guilty to a felony charge but has yet to be sentenced by the court under sentencing guidelines, the criminal charges against him cannot be dropped because he has already plead guilty to the charges. His recourse if he wants to change the guilty plea is to file a petition to change the plea. If that is his desire, I suggest that he retain a criminal defense attorney to assist him.

As to the stay away order issued by the court precluding his contact with you, that order remains in effect until changed by the court or ends under its own terms. If you need assistance in getting the stay away order terminated, I suggest that you consult with a criminal defense attorney.


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