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.