In Indiana, if you have signed a plea deal with public defender, is it possible to hire a lawyer and enter a new deal?
Someone close to me is currently awaiting sentencing in Indiana on drug charges. Originally the charges were a level 5 felony and 4 misdemeanors. She is using a public defender. She was offered a plea deal of -level 6 felony and 3 misdemeanors- which in terms she understood means 1.5 to 3.5 years incarceration instead of a possible 7 years. Basically any questions she asks her public defender are met with him rolling his eyes and scolding her for asking questions and not being grateful for the offer so she signed it. She is an army vet on disability and has no previous record at all. The charges are being faced 3 hours from where she lives. She was told that it wasn't a good idea to have it transfered to Veterans Court (which is only 20 minutes from where she lives). Any advice or similar experiences would be appreciated.
- StephenWeinsteinLv 73 months agoFavorite Answer
It is possible to hire a lawyer. However, it might not be possible to get a new deal. A "deal" is something that happens only if both sides agree and if she backs out of this deal, the prosecution might not agree to a new one.
- linkus86Lv 73 months ago
Yes. A plea deal is a good faith contract that the prosecution will agree to a lesser sentence contingent upon the defendant pleading guilty in court. Until that has occurred, nothing is written in stone and that is assuming the judge is in agreement. Not sure if your friend would qualify for the special circumstances of Veterans Court, but it would be a bonus if your friend did.
- 3 months ago
Nope. Once the plea deal is signed and done, its' done.
- NinefingerLv 63 months ago
An Army veteran would never get involved with drugs unless she had serious mental health issues. As a veteran of the United States Marine Corps. I have absolutely zero sympathy for her. She made her bed let her sleep in it.
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- Blue Skies.Lv 73 months ago
You can withdraw your plea anytime before
your court appearance.