How to Drop a Plea Bargain

In most states, plea agreements are determined by statutory guidelines.

The process of dropping or changing a plea bargain can be tricky depending on the jurisdiction. In some Ohio counties plea bargains are hard to come by and asking a judge to set aside a plea bargain agreement is almost unheard of. Because setting aside a plea is far more difficult than reversing a conviction, tread carefully and consider the likely outcome of a conviction before attempting to back out of a plea agreement.

Instructions

1. Determine the consequences of not going forward with the plea. Most plea bargains are accepted because the accused is warned that he will not be able to successfully defend the charges against him at trial. If convicted, a long prison term may be forthcoming.

2. Contact your attorney and take the opportunity to listen to your counsel's reasoning. If you are convinced that the plea agreement is not in your best interest, then explain to the attorney that you understand the risk and are prepared to move forward.

3. Have your attorney contact the prosecutor and explain that you no longer are willing to accept the plea agreement. Depending on the jurisdiction, the prosecutor may not necessarily have to agree to drop the agreement. A judge may have to decide the issue.

4. Go before the judge and explain your reasoning for abandoning the agreement. The United States Constitution guarantees a defendant the right to a trial, so in the absence of extreme circumstances, for example mental competency issues, the judge will have to set aside the agreement. The judge will set a date for trial.

References

• CA Eastern District: Office of the Federal Defender: Plea Negotiation and Change of Plea
• FindLaw: Plea Bargain Basics
• Tempe Criminal Defense: Brown & Little, P.L.C.