Asked in Criminal Law for Idaho

Q: If a judge does not go along with the plea agreement can you withdraw your plea?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: There is an Idaho Criminal Rule 11. It says:

Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the agreement has the terms of subdivision (f)(1)(A), (C) or (D), the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the agreement has the term stated in subdivision (f)(1)(B), the court must advise the defendant that, even if the court does not accept the recommendation or request, the defendant has no right to withdraw his plea.

(3) Acceptance of a Plea Agreement. If the court accepts the plea agreement, the court must inform the defendant that it will be bound by the terms of the plea agreement in the final disposition of the case.

(4) Rejection of a Plea Agreement. If the court rejects the plea agreement, the court must, on the record:

(A) inform the parties of the rejection;

(B) advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement;

(C) afford the defendant the opportunity to withdraw the defendant's plea; and

(D) advise the defendant that if the defendant persists in the guilty plea the disposition of the case may be less favorable to the defendant than the terms of the plea agreement.

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