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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25934
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a judge renege on a plea bargin he made at the

Customer Question

can a judge renege on a plea bargin he made at the pleliminary hearing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Unfortunately, the judge cannot sentence you to an illegal sentence, even if he mistakenly thought he could do so when he offered it. He has no choice but to renege. He cannot go against the law. If he did, the DA could and likely would appeal it, and you'd be exactly where you are now. He must, however, allow you to withdraw the plea.

You are not required to replead. You can opt to keep the case going all the way to trial and verdict if you like or to continue to negotiate with the DA and the judge for a better deal if one is possible.