Use caution when you enter a plea agreement with the State. Even if the State agrees to recommend (to the Judge at sentencing) a sentence of "no more than four years," do not think that protects you from being sentenced to a lot more than that. The Judge still has the final say in what you are sentenced to.
That is what happened to David Liskany in Greene County, Ohio. Liskany pleaded guilty to charges that could have landed him in prison for 21 years and could have resulted in him having to pay fines of up to $40,000. The plea agreement was that the prosecutor would recommend a sentence of four years or less. But Liskany was sentenced to 16 years! Some deal.
Liskany tried to get out of his plea, but the trial judge would not let him and the Second District Court of Appeals affirmed that decision. However, Liskany's sentence was reversed and the case was remanded for re-sentencing since the first time around it looked like the trial judge may have been persuaded by a letter written by a Deputy Sheriff which recommended Liskany get a long sentence.
So Liskany is stuck with his plea and he faces up to 21 years in prison. The Judge could sentence Liskany to much more than 4 years on remand as long as he claims he is not doing it based on the Sheriff Deputy's letter.
The lone dissenting judge would have let Liskany out of his plea because the "promise" by the prosecutor to recommend a sentence of no more than 4 years was basically a sham that suckered Liskany into the plea. A plea he is now stuck with. The case is State v. Liskany, 2011-Ohio-4456.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
Contact me 24/7 by sending an email to ohiocriminalappealslawyer@gmail.com
