Legal Question in Civil Rights Law in Indiana

To make a long story short. My son got arrested originally for DWI & Intimidation he took a plea agreement and they drop the DWI charge and sentence him to 17 months. He was to turn himself in on a certain date and he didn't. They issued a warrant for him and he ended up getting caught. He went back in front of the Judge and the Judge told him since he didn't tune himself in that the plea agreement was no good. So he asked for a jury trial. Then the Judge told him he couldn't have a jury trial because he made an plea agreement and the judge sentenced to 30 months for intimidation and for DWI. This all happened in Johnson County (Indiana). My Question is can the judge go back on the signed plea agreement and bring back the DWI charge? Also shouldn't his public defender been present when he was in front of the Judge? Shouln't he be able to have a Jury trial ? (Cause # 41C01-0710-FD-00233)


Asked on 11/06/09, 9:32 am

1 Answer from Attorneys
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

The Court is not a party to a plea agreement. Therefore a Judge is always free to accept or reject a plea agreement. If the plea agreement was rejected all of the trial rights that are given up when you enter the plea are returned to you. If your son was / is represented by an attorney (Public Defender's are attorneys) he has a right to have his attorney present at all stages of the case. Your son should discuss this with his assigned attorney for specific advice on how to proceed.

Read more
Answered on 11/14/09, 12:55 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Indiana