Can a judge disregard a plea agreement when sentencing me?

Buffalo dwi lawyers should not allow clients to plead guilty at arraignment in Buffalo City Court located in Downtown Buffalo

Courts in New York usually utilize contract principles in interpreting a plea agreement between the district attorney and the criminal attorney buffalo ny

Generally, when a guilty plea has been reached by way of an unfulfilled promise, either the plea must be vacated or the promise honored, but the choice will rest within the sentencing court’s discretion.

In the case where the sentencing court chooses to disregard the sentencing promise because of statements expressed in the pre-sentence investigation report, criminal lawyers buffalo ny may be able to enforce the sentence promise where defendant detrimentally relied on the original sentencing agreement.

Attorneys in buffalo ny may recognize “detrimental reliance” where the defendant has already testified in another criminal case and that testimony was part of the original agreement. In such a case, a criminal lawyer buffalo ny would most likely be successful in arguing that detrimental reliance occurred.

Keep in mind, however, a court may strictly interpret the terms of a plea agreement and deny a buffalo attorneys request for “specific performance” of the original contract where there is merely minor noncompliance.

It is not easy to understand the Criminal law in New York. Sometimes it’s best to ask a Buffalo Criminal Attorney for guidance. If you are looking for free legal advice buffalo ny from a criminal defense attorney buffalo ny, and facing criminal charges or in the middle of a criminal case, contact a criminal lawyers buffalo ny,  criminal lawyer buffalo ny, or  criminal attorney buffalo ny

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