Can the prosecutor back out of a plea deal?

Sometimes, prosecutors agree to certain deals out of court and then change their minds in front of the judge. In most places, the defendant caught in such a situation would have the right to simply withdraw a plea of guilty. To deter prosecutors from going back on a deal, defendants should have the agreed-to terms put in writing before going before the judge. If the prosecutor agrees only to make a recommendation or to not oppose the defense lawyer’s request for a certain sentence, however, the court may refuse to allow the defendant to withdraw the plea. See Federal Rule of Criminal Procedure 
11(e)(2); Santabello v. N.Y., U.S. Sup. Ct. 1971.

by: Paul Bergman