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Question:
Can I get out of a bad deal?
Answer:
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
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:
by: Paul Bergman