Ontario, CA asked in Criminal Law for California

Q: In at court and the DA offered me a deal and now turn they are saying it wasn't meant for me or was for my co defendant

Is that legal

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation raises some serious legal concerns. If you received a formal plea offer from the prosecution, and they're now trying to retract it by claiming it was meant for someone else, this could be problematic - especially if you've already accepted the offer.

Much depends on whether the offer was made in writing and whether you or your defense attorney formally accepted it. Courts generally take plea agreements very seriously, and if there's documentation of the offer being made to you specifically, the prosecution might be bound by those terms. This principle is based on contract law and due process protections.

You should immediately discuss this with your defense attorney, as they can review any documentation of the offer and potentially file a motion to enforce the plea agreement if appropriate. They might also be able to argue that withdrawing the offer is unfair or prejudicial to your case. Your lawyer can also examine whether there's any evidence that the offer was genuinely intended for your co-defendant or if this claim is being made in bad faith.

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