Yes, a plea deal can be reversed. It’s easier said than done, though. Usually, once a defendant pleads guilty in a plea deal, that’s it. However, in cases of injustice or violations of the plea deal, the deal can be broken.
The prosecution and the judge have the easiest route to a reversal. The defendant has far fewer options, but they can file a motion to withdraw a plea if there are certain circumstances. Here’s what you should know.
At Simmrin Law Group, we want to help you better understand your rights so you can protect your freedom and future. Our criminal defense lawyers in Los Angeles will tell you everything you need to know to make informed decisions about your case. Call us today for a free consultation.
What Is a Plea Deal?
A plea deal, short for a plea bargain, is a negotiation between the prosecution and a defendant in a criminal case. In a plea deal, the defendant agrees to plead guilty to specific charges, usually in exchange for a reduced sentence, dismissal of some charges, or other favorable terms.
This legal arrangement aims to streamline the court process, save time and resources, and provide a resolution without going through a full trial. Plea deals can benefit both parties, with the prosecution securing a conviction and the defendant receiving a more lenient outcome than might result from a trial.
For a free legal consultation, call (310) 896-2723
The Key Points of a Plea Deal
The key points of no return in a plea deal are when a defendant gives a plea, and the court delivers a sentence. Once a sentence is given, it’s almost impossible for a defendant to take back their plea. It’s much easier to do so before a formal plea is given in court, and still possible before the sentencing if they give a good reason.
Withdrawing a Plea Deal Before Judgment Vs. After Judgment
In California, withdrawing a plea involves the defendant or the prosecution requesting the court allow them to undo their guilty plea before sentencing. Withdrawals are typically sought on grounds such as ineffective assistance of counsel, coercion, or the defendant not fully understanding the consequences of the plea.
After sentencing, things become more difficult. A plea withdrawal in this situation involves overturning or invalidating a previously entered guilty plea. This type of plea reversal essentially nullifies the earlier agreement and allows the defendant to reconsider their plea or negotiate a new deal.
When Can a Plea Deal Be Reversed?
In most cases, once a defendant enters a guilty plea to a criminal charge, the terms of the agreement become legally binding. Individuals cannot typically reverse the plea deal solely because they have changed their minds.
In California, a plea may be reversed under the following conditions:
- The defendant brings a motion to withdraw a plea: When a defendant or their legal representative believes the original plea deal contained errors or constitutional violations, they can appeal to a higher court to have the agreement overturned.
- The prosecutor backs out of the deal: Prosecutors typically have the authority to retract a deal, but this must happen before the defendant formally enters a plea and the court finalizes a judgment. Furthermore, a judge retains the power to annul a plea deal if the defendant breaches any terms outlined in the agreement.
- The judge reverses the plea: In California, a judge may decide to reverse a plea agreement when a defendant violates a term. Plea agreements come with specific conditions and obligations that both parties must adhere to for the agreement to remain valid.
Reversing a plea deal is a complex legal undertaking that requires a thorough understanding of the case, the law, and the specific circumstances surrounding the plea agreement. Don’t navigate this process without professional legal representation.
Complete a Free Case Evaluation form now
The Judge and Prosecution Can Overturn Your Deal
Normally, the judge’s role in a plea deal is to accept it and enforce any violations. Thus, if you violate the terms of a plea deal, they have the authority to overturn it and impose a new sentence. The judge has discretion on the sentencing depending on what the violation was.
A prosecutor can also withdraw a plea deal if it is done before the defendant enters a plea in court. However, this is seen as an unprofessional practice without an extremely good reason, especially after the defendant gives assent to the deal.
The Defendant Can Withdraw a Plea if the Court Has Yet to Accept It
If you plead guilty or no contest, you can withdraw it if the court hasn’t accepted it yet. If the court has accepted the plea but has not given you a sentence yet, you can withdraw it if you show a fair and just reason for the withdrawal request, also known as a motion to withdraw a plea.
Reasons you can invoke include:
- An unjust plea bargain
- Entering a plea bargain without a lawyer
- New evidence comes forth that raises the chance of a successful trial
- The judge agrees that the defendant has a good case
- A violation of constitutional rights
- Incompetent or ineffective counsel
- A lack of understanding of the consequences of pleading guilty
Under Penal Code § 1018, you have the right to file a motion to withdraw a plea before you’re sentenced or within six months of a probationary sentence. If you believe you had poor counsel, you should seek new counsel before asserting they were ineffective.
Examples of Reasons to Withdraw Your Plea
Withdrawing a plea is a critical decision that can have significant consequences on a case. Understanding the reasons behind seeking a withdrawal is essential for anyone navigating the legal system. A criminal defense lawyer from Simmrin Law Group will review your options and the possible consequences.
Uninformed Plea by an Immigrant
Let’s say that an immigrant was arrested for a crime. If they were not made aware of the immigration consequences of pleading guilty, that could be a reason for a withdrawal. Defendants must understand the consequences of a plea for it to count.
Coercion
Sometimes, a defendant gets so scared by the prosecution that they panic and make a poor plea. Rarely, this may be a deliberate act by an inexperienced prosecutor trying to force a plea deal, in which case it is considered coercion. All plea deals must be entered into willingly, or they are invalid.
Incompetent Counsel
Let’s say a prosecutor gave the terms of a plea deal to a defense lawyer but never communicated them to the defendant. The prosecutor may come back with a harsher deal because they were “ignored,” but it was the lawyer’s fault and shows incompetence.
Contact an Attorney at the Simmrin Law Group for Help Today
Securing the assistance of a skilled criminal defense lawyer is paramount when navigating the intricacies of a plea deal. A defense attorney plays a crucial role in negotiating with the prosecution to achieve the most favorable terms for their client.
For more help with plea deals and all that goes into them, contact our criminal defense attorneys. Consultations are free.
Call or text (310) 896-2723 or complete a Free Case Evaluation form