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
11(e)(2); Santabello v. N.Y., U.S. Sup. Ct. 1971.
by: Paul Bergman
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
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