Mountain Home, AR asked in Criminal Law for Arkansas

Q: can plea agreement be changed after being signed by judge, defendants attorney and defendant

Friend signed plea agreement that was read aloud by judge and recorded by court stenographer stating that: “defendant shall plead guilty to Offense#1 Hot Check, 5-37-305, Class A Misdemeanor and receive a sentence of three (3) years in the Arkansas Department of Corrections to be suspended upon attached terms and conditions. Judge told her to make contact with probation officer before leaving court room.

Upon making contact with probation officer, the prosecuting attorney’s secretary came and took the plea statement, which was already signed by Defendant, Defendants Attorney, and the Judge, and crossed out 5-37-305 Class A Misdemeanor and wrote 5-37-302(b)(4)(A) which is a Class D Felony. How can the Prosecutor’s secretary change a signed plea agreement from a Class A Misdemeanor to a Class D Felony without judge approval? Friend was last case on docket so Judge was gone when she tried to make contact with him before leaving court house about the matter

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1 Lawyer Answer
W. Whitfield Hyman
W. Whitfield Hyman
  • Criminal Law Lawyer
  • Fayetteville, AR
  • Licensed in Arkansas

A: I just had won case with a similar situation. I think he should appeal this as an illegal sentence.

What day did this happen?

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