Are Prosecuting Attorneys bound by their word?

[wallywagger]

From Utah. My question is: The prosecutor offers me a plea deal at a pre-trial hearing.I ask to consult with council before deciding, with which he agrees to. I then ask if his offer will still be good, and he said yes and then wrote some notes on his paper. We then re-calander another pre-trial hearing in 30 days. He had told me that part of his decision was because the witness was reluctant to testify. What would happen if the witness now shows up at the next hearing. Will he still have to pony up?

 

[sandyclaus]

From Utah. My question is: The prosecutor offers me a plea deal at a pre-trial hearing.I ask to consult with council before deciding, with which he agrees to. I then ask if his offer will still be good, and he said yes and then wrote some notes on his paper. We then re-calander another pre-trial hearing in 30 days. He had told me that part of his decision was because the witness was reluctant to testify. What would happen if the witness now shows up at the next hearing. Will he still have to pony up?

Not necessarily.

Unless you have a signed agreement to accept the plea, the prosecutor could very well rescind the offer and refuse to honor it.

Why? Because the circumstances under which the deal were offered have changed. As long as the witness doesn't testify, they need to have you sign the plea deal in order to make you accountable for the crime. Once the witness testifies, they no longer need to make the deal anymore, because they will likely have enough evidence to convict you without offering you a lesser penalty.

 

[Ohiogal]

Not necessarily.

Unless you have a signed agreement to accept the plea, the prosecutor could very well rescind the offer and refuse to honor it.

Why? Because the circumstances under which the deal were offered have changed. As long as the witness doesn't testify, they need to have you sign the plea deal in order to make you accountable for the crime. Once the witness testifies, they no longer need to make the deal anymore, because they will likely have enough evidence to convict you without offering you a lesser penalty.

A prosecuting attorney is NOT allowed to lie -- if he said his deal was still going to be good at the next hearing, it must still "be good" at the next hearing. Candor to the tribunal and such.

 

[wallywagger]

Thank you both for your replies! But I am still confused, is it yes or no? And what is candor ect...?