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

Related Topics:
2 Lawyer Answers
Aaron J Reed
PREMIUM
Aaron J Reed
Answered
  • 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
Mike Branum
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.