Legal Question in Criminal Law in Missouri

My fance is charged with pharmacy burglery in the federal system out in missouri. He already took a plea deal where they agreed to drop the gun charges but still give him a 2 point enhancment. He is now facing 20 years in prison. His lawyer is waiting for the psi to come back then my fiance will be sent for sentencing in front of a guidline sentencing judge. He feels his lawyer misled him into taking this plea deal. He was also charged with escape back in dec., so now the prosecutor won't agree to a downward deparrture for him admitting guilt. Is this anything that can be done this late? Would it be worth it to fire his lawyer and withdrawl his plea?

Asked on 1/26/12, 9:23 am

1 Answer from Attorneys

Anthony Smith LawSmith
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If your boyfrined has hired his own attorney (not appointed PD) and has not yer signed a plea agreement, he should be able to hire substitute counsel and renegotiate the plea agreement. It will be up to the judge to decide if they will allow the subsittute of counsle, but they oftne do when it is private counsel. If he reprensted by an appointed attorney or public defender, it seems less likely that the judge will allow a substitution. But, regardless, alomost every judge will ask the defendant, pon the record, if they understand and agree any proposed plea agreement. Your boyfriend could say 'No" at that time, and possibly ask for a substitution of counsel. It may be worthwhile for you to hire an attorney to look into the case for him prior to the sentnencing hearing.

Good luck

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1/27/12, 3:59 pm

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