This question is for Legal- Guru:
I need to ask a question about something that I think is called Vindictive Charging ( or similar)
This case has been going on for a long time, so will try to condense the question:
The case was settled by plea bargain 3 years ago, but it has now been remanded by the Court
of appeals due to the DA being unfair and trying to sneak in several thousand dollars in restitution that had not been agreed to in the settlement.
There were two "victims", and one is now deceased. The DA stated - On The Record- that the reason she was dismissing one charge was because the one person is now deceased.
Now that the case has very unexpectedly come back, and has to start over, the DA is now saying that this charge with the deceased person is to come back too..she states that it was previously dismissed only as a part of the plea bargain, but that is NOT what she said on the record.
It is clear that she is mad that the case came back, and the COA stated that what she did was unfair. It now seems that the DA is trying to punish the defendant just because she won the appeal.
So, my question is to ask if this is a Vindictive act on the part of the DA? And can that be a reasonable argument to use to not allow the charge to come back?