isnt it illegal for the court to agree to a plea agreement and then later go back on its word. because of an illegal sentence?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
isnt it illegal for the court to agree to a plea agreement and then later go back on its word. because of an illegal sentence?
Defendant pled guilty to poss of weapon 3/12 yrs. At sentencing court states that it couldn’t grant sentence because it was illegal to do so due to the fact that defendant had a prior conviction for weapon poss.
Asked on January 18, 2018 under Criminal Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it's not illegal, though admittedly it seems like it should be:
1) The judge, not the prosecutor, determines sentencing; the judge usually follows prosecutor recommendations but is not required to and the prosecutor cannot "bind" the judge. This is always a risk in pleaing: while the judge cannot change the offense you pled to, he does not have to give any agreed-upon sentence.
2) The judge must follow the law, such as sentences laid out in the criminal code; he cannot give less (or more) than the law allows given this offense and also any prior offenses that increase the sentence.
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.