Can a prosecutor offer a better plea bargain?

When your case goes back to the superior court, the prosecutor does not have to offer you a better plea bargain or even the same plea bargain that you took before.3 You could be facing a less. favorable plea offer or a trial on the same evidence as when you decided to plead guilty.

What happens if you sign a plea bargain?

Criminal defendants can enter into plea bargains by which they give up the right to go to trial, and agree to be convicted. Sometimes a plea includes agreement that certain charges will be dropped or that the court will impose a particular sentence or a sentence within a specified range.

Can a defendant challenge a conviction after a no contest plea?

There are special rules for challenging a conviction or sentence after a guilty or no contest plea. These rules limit the types of issues that defendants can raise and require special procedures for raising some issues. Generally, issues fall into four categories: • issues that cannot be raised at all

How does the plea bargain process play out?

Below we describe in detail how this process plays out in a case. The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. What is a plea of nolo contendre?

What are the alternatives to jail in a plea bargain?

Alternatives to jail or prison can include community service, deferred judgment, participation in court-approved drug, alcohol or other treatment programs and home monitoring. Judges get involved in the plea process as well.

What happens when a judge accepts a plea deal?

Once the judge accepts the defendant’s guilty or no contest plea and enters a conviction, that judge can’t later overturn the plea agreement. However, when the parties agree upon a negotiated plea that requires that the defendant perform certain conditions, the court retains jurisdiction until the conditions are satisfied.

Can a defendant challenge a sentence after a guilty plea?

4People v. Aragon (1992) 11 Cal.App.4th 749, 759-760. There are special rules for challenging a conviction or sentence after a guilty or no contest plea. These rules limit the types of issues that defendants can raise and require special procedures for raising some issues.