Legal Question in Criminal Law in Indiana

I recently took a plea deal in Indiana to a level 6 felony Official Misconduct. In the plea agreement in writing it was stated that my felony will drop to a misdemeanor after probation.Probation is complete and I went to court today for the motion. The prosecutor now says that the Indiana statute for felony official misconduct doesn't allow official misconduct felony to be reduced to a misdemeanor. This is the only reason i agreed to sign the plea agreement that judge and prosecutor both signed and approved. am I wrong in saying that they should honor the plea agreement that they originally approved and signed? The plea agreement states “Just thought based on the language “judge MUST follow the plea agreement“

Asked on 5/01/19, 4:01 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Your lawyer needs to deal with this. He or she can read the original plea agreement and determine exactly what it says, and how that might affect the case. The court can not take an illegal act. It could order the whole thing thrown out. There may also be other remedies depending on the specific facts of your case.

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Answered on 5/07/19, 8:13 am

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