This question is for Legal-Guru:
I need to clarify a question I asked before.. you said:
" If the charge was dismissed as part of a plea agreement
, it's possible that the DA would be bound by that agreement and prohibited from re-filing unless the court
of appeals order undid the plea agreement. I wasn't entirely clear on that part of it".
To be clear, the plea bargain goes away and the case starts from the beginning because the Court Of Appeals remanded the case back with instructions for the defendant to withdraw the plea. So, it looks like this automatically means the other charges that were previously dismissed as part of the plea bargain now come back too.
BUT, the difference here is that the DA had previously stated in court , and on the record that one of the charges was being dismissed due to the fact that the one person is now deceased...she did not say it was part of the plea bargain, she just gave being deceased as the reason to dismiss to the judge.
NOW that the case is remanded ( noone expected that the case would be remanded as the appeal was only to challenge unfair interest added, and was far more that agreed to in mediation) the DA is trying to bring back a dismissed charge and saying that it was dismissed as part of the plea bargain only. Her prior statement to the judge say otherwise,but I am wondering if what she said is enough to claim vindictive prosection?
It appears that the defendant was first being overcharged with a bogus charge just to boost their case and manipulate the statute of limitations , then she tried to add on over 50k that was not agreed to ( the COA said it was unfair and reversed and remanded), and now she is bringing back a charge that she previously dismissed to the person being deceased.That did not change. In addition, they have the actual evidence on tape to prove that the defendant is not guilty of the accusation.
We had no idea that the DA is so dishonest and does not play fair, so we need to challenge some of these things, if we can. It seems like these people are given so much power and are allowed to abuse it with no consequence. Vindictive Prosecution seems like it fits,but not sure..