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is it possible to change a plea?

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slreno

Member
What is the name of your state (only U.S. law)? ohio

my son got into some trouble for under age drinking and was put on probation after three months of probabtion he was having trouble finding a ride to probation weekly. well he went to court for a probation violation without an attorney and plead guilty (like a moron) i wasnt there . but anyway the judge gave him the original sentence of 180 days in jail and slaammed the gavel! my question is. is there any way at all to change his plea to not guilty and seek an attorney over this matter? or is he blank out of luck?
thank you

by the way this was an arrainment for the pv but anyway he pead guilty and was charged 180 days.
 
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slreno

Member
because he is sitting in jail rite now for 180 days. and wants to change the plea to not guilty get out of jail and do a alcohol intervention.
he was never expecting the judge to slam him with 180 days.
myself i would like to see him on house arrest with work priv. so he dont lose his job and a alcohol intervention of some sort.
am i wishful thinking or is this something that an attorney might get accomplished?
 

seniorjudge

Senior Member
because he is sitting in jail rite now for 180 days. and wants to change the plea to not guilty get out of jail and do a alcohol intervention.
he was never expecting the judge to slam him with 180 days.
myself i would like to see him on house arrest with work priv. so he dont lose his job and a alcohol intervention of some sort.
am i wishful thinking or is this something that an attorney might get accomplished?
These reasons are not legally sufficient reasons to withdraw a plea.
 

Indiana Filer

Senior Member
what about the fact that his probation officer told him max of 90 days and he ended up with 180?
The probation officer is not the judge. The probation officer can recommend, but the judge has the power. The judge has the option on a PTR (Petition to Revoke) to order the entire sentence executed, which means jail time.

Since he pled guilty, your son agreed to waive his rights to a trial. Too late.
 

garrula lingua

Senior Member
If your son was on probation, he had no right to a jury trial or an arraignment.

He didn't have to 'plead' at all.

If the Judge found (by a preponderance of the evidence - not beyond a reasonable doubt) that your son violated one of the terms of probation, the Judge had the right to sentence your son for whatever time was available (in this case, six months).

There is no 'withdrawal' of plea.

You may be able to hire an attorney who can file a Motion For Reconsideration with a reasoned argument as to a better resolution, but the Judge doesn't have to reconsider. If the Judge bucketed him for 180 days, the Judge was ticked, and it's doubtful whether a second request would have a different ending.
 

slreno

Member
thanks for the replies,
i understand that he has done wrong and should have made vigorous attempts to comply with his probation but he did not. i guess i can get an attorney to see if he can get an intervention and a house arrest as an alternative to the jail time. which i think would be a better outcome in the long run, that way he would have to save his money from work and hopefully get his head on straight while he is stuck at home.

fyi my son told me he admitted to a pv i just assumed he had the choice to make a plead of guilty or not guilty.
 

las365

Senior Member
He could have lied and denied violating his probation and then there would probably have been a hearing in which it was proved that he did and the judge would have sentenced him to the same 180 days in jail if that is the max. If 180 isn't the max, the judge would probably have given him a longer sentence for lying and wasting the court's time and the taxpayer's resources.
 

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