Plea agreements are generally binding — with some exceptions
The overwhelming majority of criminal cases never make it to court. While defendants in criminal cases have a right to have their case heard by a jury of their peers, most charges are resolved prior to trial. This may involve the charges being dismissed entirely, or being settled through a plea deal.
As a criminal defense attorney in Riverside, CA can explain, there are a number of reasons why it may make sense to enter into a plea bargain. In many situations, a plea deal may result in a better sentence than a defendant would receive if they took the case to trial, lost, and were sentenced by a judge. Going to trial is also risky, as there is no way to guarantee an outcome. Finally, prosecutors may agree to reduce charges (such as changing a felony to a misdemeanor) in exchange for a plea deal. A skilled lawyer can often negotiate a plea deal that is far more favorable to their client than what may happen if they were found guilty at trial.
However, there may be situations where a defendant in a California criminal case enters into a plea deal — and then changes their mind. This raises an important question: is it possible to have a plea deal reversed?
Generally, if a defendant pleads guilty to a criminal charge, the terms of the plea agreement are binding. This means that you cannot undo a plea deal simply because you change your mind. However, there are some exceptions to this general rule.
Under California law, a defendant may file a motion to withdraw their plea of guilty or no contest. If they can show good cause to withdraw their plea, then a judge may grant the motion. In most cases, a motion to withdraw a plea must be brought before sentencing, or within 6 months of a sentence of probation. Examples of good cause to withdraw a plea include:
- The agreement violated the defendant’s rights;
- The defendant did not have an attorney when they made the deal;
- The defendant was coerced;
- The defendant did not understand the consequences of the deal (such as immigration consequences for a plea to certain charges); and
- Ineffective assistance of counsel.
Additionally, a plea deal may be reversed if the prosecutor backs out of it. Prosecutors can usually only back out of a deal if it is done before the defendant enters a plea and the court has entered a judgment. A judge can also invalidate a plea deal if the defendant violates a term of the agreement.
While a dismissal of charges is always a goal in a criminal case, it may not be possible to secure a full dismissal. In these cases, a plea agreement may be your best option. An experienced criminal defense attorney in Riverside, CA can use their knowledge of California law and the facts of your case to advocate for a plea agreement that works for you. If the prosecutor refuses to offer a favorable bargain, then your best choice may be to take the case to trial.
At the Chambers Law Firm, we advocate for clients who have been charged with a range of California criminal offenses. We work hard to get their charges dismissed or reduced, to negotiate a good plea deal — and will take cases to trial to defend our clients’ rights. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
