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  1. #1
    Join Date
    Jul 2014
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    Swanzey, New Hampshire, United States
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    33

    Default What Happens to Your Plea Bargain When You Violate Probation

    My question involves criminal law for the state of: NH

    Hello. In 2013 my ex wife was indicted on (2) Class A Theft by Deception charges and (2) Class B Forgery charges. She accepted a plea deal that reduced them to (2) misdemeanors and 9 months suspended. Her probation was restitution and the standard 'do not get into any trouble'.

    Well, a few months later she was indicted on a Class B Theft of Narcotics (2 priors).

    I am curious how the prior indictments will look in court. Because she accepted a plea, does that mean her priors are looked at as misdemeanors or will the court take into consideration that the priors where originally felony indictments? Did violating the terms of the plea (getting into more trouble) bring the original indictments into the forefront?

    The process certainly is slow. The new theft charges started 7/2014 and still no trial with yet another status conference scheduled for 1/2015. Though and Intent to Plead Guilty deadline came and went with no plea on 11/18/14.

    Thanks for any insight.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Violating Terms of a Plea

    You should really keep all the questions for this saga in the same thread so we have some context. What do you mean "in court." For her current criminal proceeding, her past record is largely immaterial until it comes down to sentencing time and then the fact that it was a plea deal is certainly fair game.

  3. #3
    Join Date
    Jul 2014
    Location
    Swanzey, New Hampshire, United States
    Posts
    33

    Default Re: Violating Terms of a Plea

    Thanks again, flyingron. I started a new thread to keep the other from being too 'over loaded', but I see your point. What I meant by 'in court', you corrected by mentioning 'sentencing time'. I was just curious if violating the terms of the plea 'reset' the original charges. Meaning, had the plea terms been followed the felony indictments would be looked at as the less serious misdemeanor convictions. Plea terms not followed....the charges would be looked at as the original indictments during sentencing.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Violating Terms of a Plea

    The plea bargain would have related to the conviction charge(s) and possibly to the original sentence. When you violate your probation, that doesn't change the conviction charges but it does potentially subject you to being resentenced -- and the prior sentence bargain would not limit the court. If the charges were reduced as part of a plea bargain, with the conviction and sentencing being to misdemeanors, then they're misdemeanors -- and that appears to be what you are describing. If the plea was to felonies with the charges to be reduced upon the successful completion of probation, then she could be resentenced on the felonies.

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