Most of the time, a deal is a deal.
Can I get out of a bad deal?
Plea bargains are usually binding. Defendants cannot get out of deals just because they changed their minds. In certain (albeit rare) circumstances, however, when it would be unfair to allow a deal to stand, defendants may be allowed to withdraw guilty pleas. Examples of such circumstances may include when a defendant:
- • did not have the “effective assistance of counsel” in making the dea,l for instance, the defendant plead before a public defender could be appointed, or the defendant's lawyer gave him very bad advice, amounting to ineffective assistance (Morrison v. Frye, U.S. Supreme Court, 2012.)
- • is not informed of the underlying charges before agreeing to the deal
- • does not voluntarily agree to the deal, or
- • receives a sentence that differs from the agreed-upon deal
by: Paul Bergman
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