Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2008
    Posts
    26

    Default Are There Any Time Constraints Between a Plea and Sentencing

    My question involves criminal law for the state of: Ohio.

    Facts: Defendant entered a plea in December of 2015 on a case stemming from November of 2014. His cooperation against co-defendants was a part of that plea. There were several co-defendants. The judge will not sentence him until the prosecutor gives the green light. The prosecutor will not agree to it. At this point, we are almost two years into the case. There is one more co-defendant, but his status is not even until July and who knows when the trial date will be if he does not plea.

    I have seen this court regularly sentence people with the understanding that their continued cooperation is a requirement of the plea.

    Is there anything I can do to compel sentencing to move forward?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Are There Any Time Constraints Between a Plea and Sentencing

    Quote Quoting clevelandox
    View Post

    Is there anything I can do to compel sentencing to move forward?
    If he wants to withdraw the plea deal contingent on cooperation and just enter a naked plea (i.e. a guilty plea without a deal with prosecutor, exposing him to the possibility of being sentenced to any allowable sentence within the range set by statute) he could likely get to sentencing pretty quickly. Of course, doing that might end up resulting in a more severe sentence. Otherwise, he needs to wait out his deal on the cooperation.

  3. #3
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Are There Any Time Constraints Between a Plea and Sentencing

    Quote Quoting clevelandox
    View Post
    My question involves criminal law for the state of: Ohio.

    Facts: Defendant entered a plea in December of 2015 on a case stemming from November of 2014. His cooperation against co-defendants was a part of that plea. There were several co-defendants. The judge will not sentence him until the prosecutor gives the green light. The prosecutor will not agree to it. At this point, we are almost two years into the case. There is one more co-defendant, but his status is not even until July and who knows when the trial date will be if he does not plea.

    I have seen this court regularly sentence people with the understanding that their continued cooperation is a requirement of the plea.

    Is there anything I can do to compel sentencing to move forward?
    You can't do anything -- especially if you are not an attorney. In fact there is case law stating if there are conditions to the plea such as testifying, then the court would be smart to wait to make sure cooperation happens prior to sentencing.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Are There Any Time Constraints Between a Plea and Sentencing

    Quote Quoting clevelandox
    View Post
    My question involves criminal law for the state of: Ohio.

    Facts: Defendant entered a plea in December of 2015 on a case stemming from November of 2014. His cooperation against co-defendants was a part of that plea. There were several co-defendants. The judge will not sentence him until the prosecutor gives the green light. The prosecutor will not agree to it. At this point, we are almost two years into the case. There is one more co-defendant, but his status is not even until July and who knows when the trial date will be if he does not plea.

    I have seen this court regularly sentence people with the understanding that their continued cooperation is a requirement of the plea.

    Is there anything I can do to compel sentencing to move forward?
    As others have said;

    he either lives with the deal and the results or withdraws from the agreement and let the chips fall where they may. Unless there was a fairly narrow range of penalties or the penalty is actually pre-determined he probably should have thought a bit more before taking the deal.

    1. Sponsored Links
       

Similar Threads

  1. Plea Bargains: Plea Bargains and Sentencing
    By dtaylor5674 in forum Criminal Procedure
    Replies: 3
    Last Post: 01-16-2016, 09:05 AM
  2. Post-Conviction Relief: How to Withdraw Your Plea After Sentencing
    By tripoker in forum Criminal Procedure
    Replies: 5
    Last Post: 02-20-2013, 11:00 PM
  3. Discovery: Time Constraints in Early Litigation
    By Friedman in forum Civil Procedure
    Replies: 2
    Last Post: 03-02-2011, 09:41 PM
  4. Sentencing: Plea Bargain Sentencing
    By questionsss in forum Criminal Procedure
    Replies: 1
    Last Post: 01-12-2007, 07:09 PM
  5. Sentencing: Wrongful sentencing after guilty plea
    By crofee in forum Criminal Procedure
    Replies: 1
    Last Post: 02-02-2006, 06:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources