Can the judge and DA revoke their judgment for a DUI case? 28 Answers as of February 13, 2012

In wyoming, and most jurisdictions, a court is never bound by the plea agreement. If a plea agreement is stipulated, the court will allow you to withdraw your plea and go to trial. If the plea is not stipulated, you will not be allowed to withdraw your plea. You will b sentenced within the minimum and maximum provided by law.

I'm not sure I understand your question. What happened? The judge and/or DA tried to back out of your plea deal? Why? If some sort of evidence or new information came out at the last minute then the deal could conceivably be revoked. However, if the guilty plea was taken and you were sentenced the case is closed and is considered "res judicata."

If your question is, can your plea be withdrawn after your plea, the answer is generally no. There are some exceptions - such as you withheld information that might have affected the plea. However, generally the prosecutor and judge are bound by your plea. However, they are not necessarily bound by the recommended or agreed sentence. A Judge can (and should advise you) that he/she can sentence up to the maximum, so be prepared when it comes to sentencing (ie. get your evaluation completed prior to sentencing). Best of luck.

If the judge agrees to sentence you to 10 days in jail it is always contingent upon the defendant not being re-arrested and may also depend upon him complying with other conditions such as completing a program or paying a fine. If you violate the terms of the conditional sentence, either before or after you are sentenced the judge could give you up to one year in jail on a misdemeanor and 30 days on a violation. As long as you comply with what is called the "conditional discharge" you will receive the promised sentence. Drunk Driving is like firing a gun at a moving trail and hoping no one gets hit by the bullets, you are lucky that no one was injured or killed. Never drive a car if you are intoxicated or too tired.

Fill me in on why you are asking, then I can tell you if they can back out. If you were set to turn yourself in, and committed a new offense, or the judge learned that you were not truthful when the sentence was signed, then yes, they can back out. Give us the rest of the story.

I would say that the chance of the DA and judge reneiging on this agreement is extremely remote, however, if you do not fulfill the terms you agreed to, a violation of probation/conditional discharge can be filed, and you can be resentenced, so be certain you know exactly what your obligations are at the time sentence is imposed.

I am not sure what you mean by take it back at the last minute. Generally, the Commonwealth is bound by their agreement and cannot take it back unless you renege on your part of the bargain. The judge does have 21 days within which he could revisit the disposition. It could be possible for the deal to be changed within that time frame but is unlikely.

Once you signed the document and plead guilty it is a done deal. But if the document was only signed in anticipation of a future plea, then nothing is legally binding.

The judge is not bound by your agreement with the state's attorney. The judge may sentence you to any penalty between the minimum and the maximum.

What you have described sounds like a plea agreement. If the judgment and sentence is signed off on by all parties and the accepted by the judge, and he signs the order, it is a done deal. I do not see anyone being able to back out once signed and entered.

In California, once a plea is signed by all parties and the defendant has been sentenced, it is binding.

If you have been "sentenced" the sentence cannot be undone by the State or Judge. If you have entered a "plea" and the Judge "conditionally" accepted the plea then the Judge can decide not to go forward at sentencing with the terms and conditions of the plea. However, should the Judge on a "conditionally" accepted plea not go forward with the terms and conditions of the plea then the Judge must allow you to withdraw from the plea if he does not follow the plea agreement and you are not comfortable with the sentence the Judge imposes. Once a plea is accepted by the Court said plea is binding. However, many judges will say they are "conditionally" accepting the plea pending review. On the other hand if you have entered a plea and the Judge accepted the plea and or sentenced you then you can still file Motions to Vacate or Modify the sentence. However, they are hard to win.

Yes, it is binding on them.

Yes, it is a contract. However, if they back out then you can rip up the deal and proceed to trial.

Only if unknown facts arise before sentencing.

Once a plea has been accepted and you have been sentenced, it is final.

Typically after the agreement has been entered (signed) by both parties and then heard and ordered by the judge it is binding. Your state may have an appeals process, but it is likely to be very limited in scope based on the information provided. Most of the time once a decision has been made, and judge signs off on it, it is final.

Plea agreements are binding on both parties.