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Plea Bargaining: Breaking the Deal (Revocable (Required Disclosures (The…
Plea Bargaining: Breaking the Deal
Revocable
Required Disclosures
The defendant has to provide “truthful, complete and accurate information” to the prosecution.
U.S. v. Brechner
.
If she fails, then the prosecutor can revoke a plea deal, like the offered "downward departure" in a sentence.
Conditional Plea
The defendant may agree to a plea deal, but then condition it on challenging the deal's constitutionality.
Informal Plea
The court must first accept the plea and enter judgment for the informal agreement with the prosecution to become binding.
The defendant can ask the court to back out based on mistake of law or unknown legal consequences.
The defendant must provide a basis for backing out (like ineffective assistance of counsel).
Irrevocable
The court must uphold all plea agreements made between the prosecutor and the defendant.
Santobello v. New York
.
Breach
The prosecutor cannot promise to recommend probation, but then claim at sentencing that the defendant is not eligible for it.
Echeverria v. State
.
Remedy
If the defendant can withdraw the plea, then the court needs to order a new hearing in front of a new judge to offer the same deal.
United States v. Heredia
.
No Breach
The prosecutor may promise not to recommend a sentence of life imprisonment, but offer a prison term that will effectively last that long.
Smith v. Stegall
.
Unenforceable Deal
The prosecutor cannot make a deal that gives the defendant immunity from prosecution when the proposed trade is the victim’s safe return.
Whitehurst v. Kavanagh
.