Legal Question in Criminal Law in Indiana

Plea Agreement

Can a plea agreement be changed by the prosecutor after all parties involved have signed the agreement? The amount of restitution in the agreement which was signed and submitted was $1,100. However, the alleged victim submitted more bills taking the amount to $11,000. Needless to say the judge and defendant's attorney would not allow the restitution to be paid with a discrepancy over 100% until all parties were in agreement. What is the point of a plea agreement if changes or charges can be added? This is for a battery Class A misdemeanor in Indiana.

Thank you.

Asked on 3/20/07, 4:50 pm

1 Answer from Attorneys

Daniel Hancock Hancock Law Office

Re: Plea Agreement

Generally, I think once the plea is entered and the defendant is sentenced a plea cannot be changed. Prior to the judge accepting it, it's not final.

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Answered on 3/20/07, 6:03 pm

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