How Many Times Can You Withdraw from a Plea Bargain

[dead_onion]

My question involves criminal law for the state of: Michigan

ok. My ex has a BF that has 3 felony drug convictions, robbery conviction.

a year ago he assaulted his ex with a knife, he got charged with domestic violence, felonious assault, and interferring with electronic communications.

He pled guilty to these charges. He expected not to be sent to jail. At his sentencing they were going to send him to prision, so he withdrew his guilty plea.

He then took another plea for attempted felonious assault, and pled guilty to the DV and electronic communications(he destroyed the girls cell phone when she tried to call 911.

So he is being sentenced in a week. Being MR.Nosy I spoke with the probation officer that did his PSI. He said he is reccomending lengthy incarceration. He also told me that his lawyer put in a request for residential treatment, which he has gone to 2x before for the drug charges, and apparently that wasn't succsesfull.

So when he goes to his sentencing, if the judge is going to sentence him to prison, can he withdraw his plea again?


I am so nosy because my ex wants to involve this man in my children's life, and he also wants to be a part of their life. I don't want that.

[Mr. Knowitall]

Most people don't get to withdraw their pleas at all.

I expect that there was a condition on his original plea, such that if the recommended sentence exceeded an agreed penalty he could withdraw his plea. If that's the case, that would explain why the prison term resulted in his being allowed to withdraw his plea. I can only guess, though, as I have no meaningful information about what happened. I similarly have no way of knowing if there are any conditions on the current plea deal, or whether there might be grounds for him to set aside the plea.

If this person is not an appropriate person to be around your children, consider whether you should bring a motion asking the court to bar your ex- from allowing him to be in the presence of the children.

[indybail]

Has he signed the plea agreement and the judge accepted it? If not, he can do it until the judge says enough and we are going to trial.

[flyingron]

You can withdraw up until the time you go up in front of the judge and he convicts/sentences you.

Of course, one you pull back from the deal, the prosecution is under no obligation to offer it again.