QUESTION
How can a prosecutor make an offer of 21 months then deny offering it and upping first offer of 51 months to 56 months
Asked on Apr 13th, 2013 on Criminal Law - Michigan
More details to this question:
My best friend ha been in jail for almost 5 months. he was offered first 51 months, then 21 months and when he went for sentencing on the 8th (april) prosecutors denied offering 21 months and upped to 56 months. I thought the 3 offers were to start out high and go lower. how can they say they never offered 21 and go to a bigger # than the original offer. His court appointed lawyer didn't make notes of the offer and do his job so there is no record of the 21 months offer at all.
1 ANSWER
Criminal Defense Attorney serving Williamston, MI
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Law Office of Robert G. Fleming
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You do not say how your friend was convicted, if it was by plea or if he had a trial. But in either event, please understand, that if he did not accept the plea offer the prosecutor can revoke it at any time, he does not have to honor it later. In fact the prosecutor is under no obligation to offer any plea agreement or sentence cap at all. Thus if your friend did not accept the offer of 21 months and put it on the record with the court, it does not matter if the prosecutor admits making it or not, he does not have to honor it.
From the form of your question, it does appear your friend's attorney did advise him of each potential plea offer that was made, as well as the potential penalty if he did not accept them, and rather than accept any of them when made, your friend elected to try and negotiate a better position, which the prosecutor was unwilling to do.
Answered on Apr 15th, 2013 at 8:39 AM