Can I get out of a bad deal?

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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:

  1.  
    1. • 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.)
    2. • is not informed of the underlying charges before agreeing to the deal
    3. • does not voluntarily agree to the deal, or
    4. • receives a sentence that differs from the agreed-upon deal

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