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Old 09-09-2016, 11:34 PM
Babybaits419 Babybaits419 is offline
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Default Judge said 4 flat, but sentenced friend to 6 years instead

I don't know if this is the correct forum to ask this but here goes. A good friend of mine got arrested Feb for selling. In July the judge basically told him that if he pleads guilty he'll be sentenced a flat 4 years. He pled guilty. When it came time for sentencing the judge have him 6 yrs. How can he do that?
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Old 09-10-2016, 12:05 AM
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Hate to say it but if that is an appropriate sentence under the law and he took an open plea (essentially a guilty plea without an agreement with the prosecution) the judge is not bound to keep his word. Maybe there were circumstances that came to the judge's attention between the time he said 4 years flat and the time he decided on 6 years. Maybe he was having a bad day. Maybe 6 is his favorite number. But unless the sentence itself is illegal then that's what it is.

If there are questions as to the legality of the sentence then that's something to talk to an appellate attorney about.

I wish your friend luck.
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Old 09-10-2016, 12:15 AM
Babybaits419 Babybaits419 is offline
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I understand what ur saying. Im not really sure if it was an open plea or not. All I know is that the judge told him he'll give him 4 years if he pleads guilty so he pled guilty then turns around and gives him 6. Just doesn't seem right.
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Old 09-10-2016, 06:31 AM
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Did your friend get that in writing? Did the DA and your friend sign of on the plea? Other than that, the only thing I can think of is to get a transcript of the Judge saying that.

Keep in mind that even if the plea was signed off on, the Judge doesn't have to accept it as I understand it.

EDIT: There is a difference between 4 flat and 6 years that gets good time and parole eligibility. The 6 years (if not a flat sentence) may be better than the 4 flat.
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Old 09-10-2016, 10:55 AM
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Found out what happened. He was supposed to go to court to be sentenced August 31st. He was in the e.r. and called that he may not be able to make it. We even sent proof. Then he was a lil late Thursday. That's what the 2 yrs is for. A lil extreme if u ask me. His lawyer is appealing the 2 yrs.
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Old 09-12-2016, 10:48 AM
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Technically the judge can do that, although it does seem a bit harsh. Definitely have the lawyer appeal it, especially if it's in the record and the medical emergency is documented. Not sure the laws in your state but a judge can adjust a sentence here in California up to 120 days after sentencing on their own (after that it requires one side or the other filing a motion and setting a court date.) His lawyer will know if a similar law exists in your state and how to go about handling getting those two years back, if it's possible.
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Old 09-13-2016, 06:38 AM
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Quote:
Originally Posted by Babybaits419 View Post
Found out what happened. He was supposed to go to court to be sentenced August 31st. He was in the e.r. and called that he may not be able to make it. We even sent proof. Then he was a lil late Thursday. That's what the 2 yrs is for. A lil extreme if u ask me. His lawyer is appealing the 2 yrs.
You don't just call a court and get excused...there is a process to be followed. If he was in the ER, then he should have called the attorney from the ER so that the attorney could seek the continuance.

Judges routinely see people pull the ER excuse to avoid sentencing. As such, they attach consequence to it when people don't follow procedure...
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