Legal Question in Criminal Law in Florida

reinstating a deal

if you turn down a deal in court, can you file a motion to have it reinstated?


Asked on 1/07/09, 9:21 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: reinstating a deal

No the state has the sole discretion to offer or withdraw plea offers. You have no right to a plea offer and a judge cannot force the state to reinstate one.

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Answered on 1/07/09, 9:29 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: reinstating a deal

Nope. The Prosecutor can make an offer, and if it is not accepted, he or she would be under no obligation to offer that same deal again. In fact, they are never under any obligation to ever make a deal. In any case, these negotiations have nothing to do with the Judge, and therefore a Motion, or a request to the Judge, will not work.

The only way to get the deal that was previously offered is to ask the prosecutor to offer it again.

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Answered on 1/07/09, 12:44 pm


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