Memphis, TN asked in Criminal Law for Tennessee

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?

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1 Lawyer Answer
Anthony M. Avery
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  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

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.

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