How can I get out of a plea deal?
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How can I get out of a plea deal?
Generally speaking, once a defendant pleads guilty to a criminal charge, the terms of the agreement are binding and defendants cannot reverse the plea deal just because they change their mind.
What are some of the reasons a defendant may choose to accept a plea bargain?
Incentives for the Defendant to Accept a Plea Bargain
- Saving money.
- Getting out of jail.
- Resolving the matter quickly.
- Having fewer or less-serious offenses on one’s record.
- Having a less socially stigmatizing offense on one’s record.
- Avoiding hassles.
- Avoiding publicity.
- Keeping others out of the case.
Should I take a plea bargain or a trial?
A plea bargain might truly be in your best interest, but if you plead guilty or no contest to a charge, you waive the right to a trial and if you are sentenced unfairly, you might not even have the right to appeal the sentence. Remember, judges will usually accept what a prosecutor recommends for a sentence, but is not required to do so.
What happens if you accept a plea in a criminal case?
As a result, the sentencing judge decides what penalties and jail time you will receive and can choose to ignore a prosecutor’s recommendations. If you have accepted a plea, you will not have the opportunity to let a jury hear the evidence and determine whether you are guilty or not, and may not be able to appeal the judge’s sentence against you.
Can a defendant withdraw a guilty plea after sentencing?
Generally, judges aren’t bound by the terms of a plea bargain that has been negotiated by the prosecutor and defendant. However, if the judge approved the terms of the agreement in advance of sentencing, but later imposes a different sentence, the defendant must be given an opportunity to withdraw the guilty plea.
Can a defendant ask for mercy in a plea bargain?
Unlike a plea bargain, which by its nature involves a promise to stick to an agreed-upon sentence recommendation, the prosecutor is free to recommend the highest sentence possible. Finally, a defendant’s ability to plausibly ask for mercy at sentencing might be strained following a trial.