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Entered guilty pleas on my 2nd and 3rd DUI and there in different counties, but they both listed as 2nd DUI. Can they back out?
Anonymous2 views3 answers
Both counties offered 90 days house arrest as both dui are listed as 2nd offense, 3rd tier. I've signed the plea already, will they pull it upon discovery in a pre-sentence investigaton?
They won't back out of the pleas, but may request the judge to back out of the recommendation of 90 days house arrest. That could change, however, if the last in line finds out that they are last in line. Furthermore, there would still be an argument that at the time you were charged (with either the 2nd or 3rd) you could only be convicted at that time with a 2nd.
You need to make sure that your attorney has ALL information relative to ALL of your cases/offenses so he or she is not surprised by anything. Your attorney will also be the best to advise you, given your particular facts and circumstances, how to proceed in whichever courts you find yourself. Good luck.
Signing the plea agreement with the Commonwealth and entering a guilty plea before the Judge are two completely different stages in the process. Your misunderstanding of such a fundamental question demonstrates why you absolutely need the assistance of an experienced criminal defense attorney in both cases. If you have an attorney, pose your question to your attorney. He or she can explain the distinction. If you are not represented by an experienced criminal defense attorney in BOTH cases, you should correct that mistake IMMEDIATELY. You are facing a lengthy period of imprisonment on both cases. This is NOT the time for self-help. Good luck.