Legal Question in Criminal Law in North Carolina

Plea Bargins

My brother-in-law is in jail charged with 1st degree murder. He was offered a plea bargin which he accepted however when he went for his first court date the plea bargin was withdrawn and he was offered another plea bargin. He then accepted the second plea bargin but is now being told by the prosecution that the victim's family wants the case to go to trial no plea bargins. Is this legal. Can the prosecution void the contract that was made between my brother-in-law and the DA.


Asked on 10/22/03, 10:21 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: Plea Bargins

Damn! This is some serious stuff! Unfortunately, until the plea agreement has actually been accepted by the judge, the state can likely do this. I would still argue like hell that an agreement has been reached and that we, meaning the people of the state, are the real victims and that the victims family should not have the power to tell the ADA/state how to prosecute a criminal matter. Slim chance. However, if, during the negotiations phase of the plea agreement, the state has learned anything about the case that it did not know before it should not be allowed to come into evidence. Is the state seeking the death penalty? If you want to discuss this further you can e-mail me at:[email protected]

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Answered on 10/22/03, 11:31 pm


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