what can be done about a plea that was taken in arobbery case, when the plea was changed to add firearm and more time without the personknowing it.

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what can be done about a plea that was taken in arobbery case, when the plea was changed to add firearm and more time without the personknowing it.

what the lawyer told him he was signing for a pleawas discovered to be different a few days laterafter the plea and sentencing was over. Can this person appeal. what can be done?

Asked on May 18, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The person needs to speak to the lawyer who was representing him when he entered the guilty plea, first of all, to find out why the deal was changed, and why he wasn't told.  For a second opinion, you might want to look for another criminal defense lawyer in your area, perhaps at our website, http://attorneypages.com

There has to be more to this story than you were told.  In most courts, entering a guilty plea on a plea bargain isn't just a matter of paperwork.  The full details of the plea, usually, are read aloud into the record, and the defendant usually has to state, under oath, what he did, in enough detail to support all of the charges that he's pleading guilty to.  You should be able to get a transcript of the plea hearing, and any attempt to change the sentence or withdraw the plea is going to have to have that transcript as part of the record.


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