QUESTION
Can the prosecutor give a higher plea deal after offering a lower one?
Asked on Jan 06th, 2016 on Criminal Law - New Jersey
More details to this question:
I was offered a low plea deal, which was said on record in court. I did not accept it at the time because the prosecutor stated she was going to speak to her boss now they are trying to offer a higher deal because her words she doesn't remember offering the low deal. Is that legal and what can I do to get the lower deal back on the table?
2 ANSWERS
Anthony Van Zwaren
The prosecutor can change the deal once you did not accept it at the time. However, if the plea deal was not accepted because the prosecutor needed to get permission first, then you might be able to rely on the in-court record to argue that you did not accept based upon the prosecutor's recommendations. Obviously if you have criminal counsel, discuss it with your attorney.
Answered on Jan 21st, 2016 at 2:59 PM
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The prosecutor can change the plea offer and increase the severity of the sentence. In fact, the courts support the increase in the sentence as time passes to encourage plea deals in a timely fashion. We can tell you our approach to avoid the the increased sentence. Ed Dimon 732-797-1600
Answered on Jan 09th, 2016 at 5:56 AM