can a judge can a deal agreement and if you signed off rights to an appeal can you still try for a rule 35?
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can a judge can a deal agreement and if you signed off rights to an appeal can you still try for a rule 35?
my boyfriend got a fight and put a person in the hospital he was looking at 15yrs and his lawyer told him that they offered him a 6 month rider deal to plead guilty so he went ahead with that deal and sigend off his rights for an appeal and the rule 35. When we went to court the judge threw out the deal and gave him the 15 years w/ 4 1/2 fixed. We are in idaho
Asked on April 25, 2009 under Criminal Law, Idaho
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yup, the deal wasn't with the judge. The deal was between defense counsel and the prosecutor. Sometimes, if the judge doesn't like the deal or thinks it is a bad deal, he can throw the book at the defendant. Now, was there any prejudice involved? Was there any reason why this judge did that? Is the judge known to do this? Did your boyfriend's lawyer not do his homework?
He can seek alternate counsel and see if it can be overturned or appealed. If he wants private counsel, try www.attorneypages.com.
On a separate note, why would you stay with someone who put someone in the hospital? Why would he fight someone? Did the other person attack him first? If not, why would your boyfriend do that? Not very responsible of him. He now suffers the consequences of his actions. If he can get this judgment overturned, he will be very lucky.
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