Can a District Attorney cancel acontracted plea agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a District Attorney cancel acontracted plea agreement?
I was charged with possession with intent to distribute heroin. I cooperated from the beginning and agreed to be a C.I. I signed a contract to provide 5 felony arrests and the charges would be dismissed; I provided 2 big fish before going to rehab. When I returned for my next court appearance a new D.A. had taken on my case and revoked the contract to force me into pleading to a felony. The contract states there can be no oral change, but says that I can’t leave the state without written authorization. I left the state for rehab but told the D.A. first, now she says it voided the contract.
Asked on February 22, 2011 under Criminal Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Do you have a lawyer in all of this? Because you absolutely need to have a lawyer in all of this. You are being rail roaded beyond rail roaded. I guess that you did not get the written authorization to leave for rehab but that the DA you told did not object, correct? The answer to your question is yes, the new DA can rescind the offer BUT I would think that you can object because you have complied with the real intent of the contract, which was to turn in the big fish one by one. Get yourself a lawyer please. I really can not say it enough. You can not proceed anymore by yourself.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.