Must Binding Plea Bargain Agreements be Honored By Judge ?
Posted:
in
Criminal Defense,
A binding plea agreement is like a contract. If the prosecutor offers something to a criminal defendant in exchange for the plea, and the defendant accepts, an agreement is formed. Here is one court has said regarding an agreed plea bargain.
“A plea agreement is, of course, a contract between a criminal defendant and the State in which each seeks to gain a benefit and, in return for such benefit, each agrees to pay a price. It is a very special contract,….. the entire package may be submitted to a criminal court for its approval and its subsequent enforcement. If it should then be the enforcing authority (to wit, the court) that commits a breach of the contract, what evenhanded justice requires is that each of the primary contracting parties….is equally entitled to seek a remedy” 1
As attorney Eric T. Kirk will tell you, if the Judge agrees to go along with what the prosecutor and defendant have agreed to, a process called “binding”, and the Judge commits himself or herself to that disposition, the defendant is entitled to have the agreed upon sentence imposed, and to have it enforced if it is not imposed.
I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom, and immediately speak to an experienced criminal defense attorney near you. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Baltimore Car Accident Legal Analysis & Case Studies
- Baltimore Neighborhoods I Serve
A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
