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  1. #1
    Join Date
    Dec 2005
    Location
    Michigan
    Posts
    32

    Question Does a Probation Violation Nullify a Plea Agreement

    In the Police State of Michigan...

    I was coerced, under extreme duress, into pleading guilty to a crime which I did not commit.

    I have violated the terms of my probation by not reporting since I live 300 miles from the probation office and only have a bicycle for use as transportation. I don't drive, even though that is what I was forced to plead guilty to doing. I am a broke college student and my family lives over a thousand miles away.

    Another forum poster here, Mr. Knowitall, has replied that violating probation also violates the plea agreement, which stipulated a maximum 90 day jail sentence, and that I would be re-sentenced. Does this mean that the judge can now sentence me as if there were no maximum of a 90 day jail sentence? If so, do I still have a right to a trial?

    In other words, since the plea agreement is now "void", do we go back to the point before I was coerced into pleading guilty? Do I still have the right to a trial if the plea agreement is considered void and the judge can sentence me as if there were no plea agreement?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Does a Probation Violation Nullify a Plea Agreement

    You have been convicted. Because you violated your probation, the judge can resentence you. Probation violations do not undo the fact that you have been convicted. You don't get to take advantage of the plea bargain the second time around - the prosecutor's office kept its part of the bargain.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Does a Probation Violation Nullify a Plea Agreement

    No, you cannot get a trial by violating your probation.

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