Setting Aside a Plea Bargain After Witness Changes His Story

[army123]

My question involves criminal law for the state of: new jersey.

ok so about a month ago my boyfriend got arrested for robbing a house (but he didnt do it) he went to jail and he took a plea for 4 years and got released on ROR. So after about two weeks the man that accused my boyfriend realized that he got the wrong person locked up so he went down and changed his statment. My boyfriend is sopose to be getting sentenced on wednesday and hasnt heard anything about the statment change ..... so my question is will my boyfriend still have to do the 4 years he took the plea for if the man changed the statment sayin hes not the one who robbed his house?

[Dogmatique]

What is his attorney saying?

Why did he take a plea?

[Mr. Knowitall]

Your boyfriend confessed to the crime under oath. We have no way of knowing if the prosecutor is going to believe the witness's recantation of his prior accusations - sometimes it's the recantation, not the original accusation, that is false. Your boyfriend needs to discuss the issue with his lawyer and, if appropriate, bring a motion before the court.

[indybail]

Has the court accepted the plea agreement yet or was formalization of the plea to be done at the sentencing? A plea agreement is not in effect until the judge accepts it, not reaching the terms of an agreement with the prosecutor.

[army123]

well i think the court had to of accepted it because they released him on ROR .. he took wut they offererd him because he wanted to try and get the guy to change his statement ( which he did )

[jk]

well i think the court had to of accepted it because they released him on ROR .. he took wut they offererd him because he wanted to try and get the guy to change his statement ( which he did )

well, that just blew his chances of rescinding the agreement. Previously you said they victim realized it was the wrong guy. Now you say the defendant convinced him he was the wrong guy.

He should keep his mouth shut. He committed another crime.

[aardvarc]

Yep. Tampering with or intimidating a witness will be a separate charge.

[army123]

ok well he was aware of not being able to contact the victim AFTER he already took the plea ... im just saying thats why he took tht plea ... the man wasnt sum stranger it was a family member && i no it doesnt matter im just saying . My boyfriend didnt go anywhere near nor did he contact him in anyway . another family member told my boyfriend that the man changed his statement so there fore he didnt do anything wrong. im simply on here for an answer not an argument THANKS

[jk]

well, this version surely suggest different actions than when you first made the statement.

he took wut they offererd him because he wanted to try and get the guy to change his statement ( which he did )

another family member told my boyfriend that the man changed his statement so there fore he didnt do anything wrong.

oh well, since you really don't have enough info to give you much direction, about all that can be suggested is: have him speak with his lawyer before doing anything else. The big problem is he admitted to the act already. Do you really think they will now accept his word that he is not guilty? He proved himself a liar once. Why should the court think anything differently of him now.