Q: Is it legal to add unrelated charges to a plea deal?
Defendant was charged in the death of a minor at a daycare. When it was agreed he would plead guilty, the DA tacked on abuse charges that did not involve the deceased child, allegedly to boost sentencing. Just trying to find out if there is any recourse or if that is allowable.
A:
DA can amend complaint up to jury being sworn in.
This should be asked of your lawyer who has ALL the facts.
A:
A DA is bound by a plea bargain agreement and cannot add new charges that were not agreed upon for sentencing purposes.
If the change of plea has not been entered (paperwork signed and Judge accepting it on the record), then you go back to square one (no deal).
However, if the plea has been entered, you and/or your attorney can have it withdrawn by filing a formal motion permitted in your state (just noticed you're in Washington) to withdraw the plea but you have to act quickly. In California, you would only have 6 months from the date of entry of the plea to file such a motion.
Good luck
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