What Happens When a Defendant Breaches a Plea Agreement before Sentencing

A plea agreement is a legal agreement between a defendant and the prosecution in a criminal case. Typically, this agreement involves the defendant pleading guilty to a lesser charge with the expectation of receiving a lighter sentence than they would if they went to trial and were found guilty. However, what happens if the defendant breaches the plea agreement before sentencing?

First of all, it`s important to understand what constitutes a breach of a plea agreement. Breaching a plea agreement means that the defendant fails to meet one or more of the conditions outlined in the agreement. This could include failing to cooperate with the prosecution`s investigation, failing to complete a court-ordered program, or committing another crime during the time between the plea agreement and sentencing.

If the defendant breaches a plea agreement, the prosecution has several options. One option is to void the agreement and proceed to trial. This means that the defendant would face the original charges and potentially a harsher sentence if found guilty. The prosecution may also choose to file additional charges based on the defendant`s breach of the agreement.

Another option available to the prosecution is to still honor the plea agreement but ask for a harsher sentence than originally agreed upon. The judge may grant this request if they believe that the defendant`s breach of the agreement warrants a longer sentence. In this case, the defendant would still plead guilty to the lesser charge, but they would face a longer prison sentence or steeper fines than originally agreed upon.

It`s important to note that if the prosecution chooses to void the plea agreement and proceed to trial, the defendant may choose to withdraw their guilty plea. If the defendant withdraws their plea, they are essentially stating that they are not guilty of the original charges and want to go to trial. This can have significant consequences for their case and potentially lead to a longer prison sentence if they are found guilty.

In conclusion, breaching a plea agreement before sentencing can have serious consequences for defendants. It`s important for defendants to understand the terms of the agreement and take their obligations seriously to avoid breaching the agreement. If a breach does occur, the prosecution has several options available to them, including voiding the agreement and proceeding to trial or asking for a harsher sentence.