Q: If you are charged in discrit court with a Breaking and entering
This is after my husband agreed to a 2 year bid in discrit court then the day he was surpose to be taking to jail he was told he was indicted so hes not going to jail cus his case is now gona be handle by superior court. Is the proper legal way to indict someone after they accepted a plea ?
A: This certainly doesnt sound usual, but the discrepancy is between your understanding and what is recorded in the court documents. It is possible that a pleas to the lesser charges of B & E was offered and asentence agreed upon, and the day the day the plea would go before the Court the case was indicted. While it seems unfair, if the plea was not already entered then it can be done. If the plea was complete then one question for his lawyer might be whether double jeopardy precludes charges that are the same as what he was sentenced on. This gets tricky and depends on the charges in the district court and the ones in Superior Court, and if any are exactly the same. Some of this will be able to be answered by his lawyer in Superior Court. Good luck
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