Legal Question in Criminal Law in Michigan

can the prosecution withdraw there offer after it has been accepted by me and my attorney and signed by all parties including the judge


Asked on 12/21/12, 10:36 am

1 Answer from Attorneys

Josh Jones Law Office of Josh Jones, PLLC

Yes, a prosecutor is able to vacate (or withdraw) his or her agreement after the plea and even after sentencing. This is a post-trial motion that takes places in specific circumstances. The most common types of circumstances involving this type of motion is usually due to the defendant not full-filling or unable to full-fill his or her duty as stated within the plea agreement. Of course, with the little facts you have provided this is where my advice and comments begin to dwindle. You should speak with your attorney if you not understand what is going on or have general questions.

Good luck.

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Answered on 12/27/12, 3:48 pm


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