If you take a plea, can a judge give you more time if you don’t show up for sentencing?

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If you take a plea, can a judge give you more time if you don’t show up for sentencing?

My husband had a felony 2 trafficking and he took a plea bar gin for 2 years. The judge stated that she didn’t have to honor the deal if he didn’t show up for sentencing. He didn’t show up and was caught 2months later and she gave him 5 years.

Asked on November 10, 2010 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What generally happens at a sentencing is that the defendant - your husband - would "allocute" or confess the crime on the record and the judge would indicate that he has accepted the plea and impose the sentence.  That makes the whole deal "official" and closes the matter.  But he did not show.  So because he did not show the deal was taken off the table.  Yes, he can do so and yes, he can then impose a harsher sentence.  I am sure that they issued a warrant for his failure to appear at the sentencing, correct?  I am sorry that it ended up this way for him.  Good luck.


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