Legal Question in Criminal Law in West Virginia
Plea Agreements
Defendant's recourse on plea agreements violated by the state
Asked on 8/27/02, 9:24 pm
1 Answer from Attorneys
David Schles
Law Office of David Schles
Re: Plea Agreements
I can't answer a question that is so non-specific. Generally speaking, two options exist: (1) Withdrawal of the guilty plea and return to the position the parties occupied prior to the agreement. (2) A Court can order the prosecution to abide by the terms of the agreement.
The recorse available in any particular case would depend on the terms of the agreement and the nature of the violation.
Answered on 8/28/02, 7:58 am
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