Can the plea agreement be overturned? 4 Answers as of August 15, 2011

A judge asked "are under any influence of drugs," when taking a plea deal, and in fact they were under prescription medication. But the plea is accepted and entered. Is there anything the spouse can do to prove or overturn the plea?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You state that the person was on prescription drugs at the time they took a plea. Unless it made them unable to understand the plea it will not be susceptible to a challenge.
Answer Applies to: New York
Replied: 8/15/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
The spouse can do nothing by him or helself. The defendant is the only one that could try to hire an atorney to try to vacate the plea if the defendant believes that the prescription medication renders him incable of understanding the plea and making a knowing and voluntary plea. This is not easy to do. Probably would need a doctor to say that the medication could likely render him incabalbe of making a knowing and voluntary plea. The defendant should talk to a lawyer and his doctor.
Answer Applies to: New York
Replied: 8/13/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
The spouse can't do anything. Maybe the person who plead guilty can, under limited circumstances, withdraw the plea.
Answer Applies to: New York
Replied: 8/12/2011
Expert Bronx Criminal Lawyers
Expert Bronx Criminal Lawyers | Alexander Sanchez
Possibly. An application from the person who pleaded guilty must be made alleging that he was under the influence of drugs at the time the plea was taken, and that the drugs impaired his ability to make a knowing, intelligent, and voluntary decision.
Answer Applies to: New York
Replied: 8/12/2011
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