Asked in Criminal Law for Arizona

Q: I plead guilty to a plea deal and a week later the judge denied my plea deal after I already plead to a guilty charge

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2 Lawyer Answers

Aaron J Reed

  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Thank you for your question. When a person enters a plea agreement in open court, the plea is contingent on the court accepting the plea agreement. If the court defers acceptance of the plea at the change of plea hearing, then the plea is not officially accepted by the court and you may still be able to back out of the plea agreement. The court can also reject a plea agreement for a number of reasons. If the court rejects your plea, you can still choose to remain in agreement with the plea, but the Court does not have to follow the agreed upon stipulations between you and the state. You can also withdraw from the plea if the court rejects it. If you do this, the original charges will essentially be brought back up, and the case can proceed onward to trial. Hope this helps.

Mike Branum agrees with this answer

Mike Branum

  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: I agree with Mr. Reed. I would also offer that your guilty plea in relation to the agreement is not admissible against you should you change your plea to not guilty and proceed to trial.

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