Q: Codefendants one takes a plea deal 3yrs state paper to get out of jail pleads guilty sentences to probation/parole other
Waits for another court date and the case ends up getting dismissed due to the officer not showing up after being summoned to appear in court. Does the one who took the plea deal get his case dismissed as well? Or does a motion need to be filed?
A: If I understand what you stated, the defendant which pled guilty to a crime is still convicted of a crime. He does not get to retroactively change his plea, which is final. He can file a motion, but it will be denied as Court has no jurisdiction. Post Conviction relief for Ineffective Assistance of Counsel will probably fail also but might be attempted.
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.