If I refused the plea deal can I still take it?

Asked on
Thursday, Apr 18, 2013

I refused a plea deal at my last court. I did some thinking and I want to take that plea deal. Can I still take it? Does that deal still stand? The plea deal was domestic violence and vandalism.

Answers

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Apr 23, 2013
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Mr. Kennedy is correct. The crucial thing to know is whether or not the prosecutor handling the case withdrew the plea offer. Once a plea is rejected the offer can be completely revoked, it could remain available or it could increase. It is not uncommon for the terms of a plea to increase when initially rejected by the defendant. Contact your lawyer and have him or her immediately reach out to the prosecutor and ask if you can take the plea.

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Apr 18, 2013
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It depends on whether or not it was withdrawn. Some deals stay on the table; some don't. Once you refuse, you do not have a right to the same offer. Even if you accept, you cannot enforce the deal unless you have somehow done things prejudicing your position, until it is signed off on by the judge. People should tread carefully before saying no to offers, if the People's case has merit; if your position has merit, you should rarely accept a deal anyway. www.kennedyforlaw.com