Asked in Criminal Law for Colorado

Q: if I entered into a plea agreement and the DA who made the plea agreement died, should my case get reconsidered?

I entered into a plea agreement under duress and before I was sentenced, the DA shot himself, and I also changed lawyers. The Judge proceeded, and the DA stand-in grandstanded me. This in turn rendered a sentence outside of the presumptive sentencing range of the alleged charges.

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1 Lawyer Answer
Douglas T. Cohen
Douglas T. Cohen
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The short answer is no. The main issue is whether you entered your plea knowingly and voluntarily, which paperwork you signed and the actual court record will indicate.

Sometimes pleas can be withdrawn if exculpatory evidence (evidence that is of benefit to the defense) was withheld from you before plea.

But death of a prosecutor or other court officer (judge, your own attorney) is irrelevant to whether you can withdraw a plea.

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