Sentencing, Plea Bargains Plea Bargain not honored

[Krys7787]

Jurisdiction

Texas

A family member of mine was charged with a drug offense in Texas. He plea bargained for 2 years, and has the paper work with signatures of the Prosecutor and Judge and himself to show. After serving time he wasn't allowed parole at the normal time and they showed him another sentencing paper for saying 3 years. All case information on the paper was correct except the number of years to serve. He has been released on parole for a 3 year sentence recently and acquired court records showing he was indeed on a plea bargain for 2 years while the sentencing paper work which wasn't signed by him showed 3. He is currently still on parole which will last another year if things stay this way. What do we do in this situation? Can the state be forced to honor the plea deal? Is there grounds to sue?
Added info: he did nothing to break the deal himself as he was in jail for several months before the deal and the entire time after.

 

[army judge]

What do we do in this situation?

We can do nothing.

Your relative should discuss his concerns with a couple of local criminal defense or criminal appeals attorneys.

Just because a convicted person appears NOT to be receiving what the "plea bargain" is alleged to have accommodated, doesn't mean its being violated illegally.

Again, if your relative is unsure of the deal he purportedly reached, he (no one else) should consult with three or four local criminal defense/appeals attorneys.

I've done military, state and federal criminal defense work for a very long time, as in decades. I have yet to see anyone violate a plea bargain, other than the defendant after receiving and agreeing to a deal.

That doesn't mean it can't happen.

It means that I've never seen it.

Can the state be forced to honor the plea deal? Is there grounds to sue?

The answer to both questions is the same: MAYBE and/or PERHAPS!

 

[adjusterjack]

Two choices for your family member.

Hire a lawyer or follow the parole requirements for a year.