If I make a plea bargain with the police department to reduce charges, will the district attorney honor the police department’s promise?
Not necessarily. Police and other law enforcement agents (such as the DEA or FBI) do not have the ability to make binding plea agreements or sentencing concessions. Only a prosecutor can make a binding promise that you’ll not be charged with a crime or that you’ll receive a lighter sentence if you cooperate, confess, or agree to plead to lesser charges. Police can tell you that they’ll make your cooperation known to the prosecutor. They can tell you they’ll recommend to the prosecutor that you receive a more lenient sentence or that all or some charges not be filed against you. But they can’t make promises that are binding on a judge or a prosecutor. If the police have made you such a promise, seek legal counsel to confirm the promise with the prosecutor before you rely on it. For a free initial consultation, call Jim Kellenberger at 408-241-1600, or contact him at his web site.
Not necessarily. Police and other law enforcement agents (such as the DEA or FBI) do not have the ability to make binding plea agreements or sentencing concessions. Only a prosecutor can make a binding promise that you’ll not be charged with a crime or that you’ll receive a lighter sentence if you cooperate, confess, or agree to plead to lesser charges. Police can tell you that they’ll make your cooperation known to the prosecutor. They can tell you they’ll recommend to the prosecutor that you receive a more lenient sentence or that all or some charges not be filed against you. But they can’t make promises that are binding on a judge or a prosecutor. If the police have made you such a promise, seek legal counsel to confirm the promise with the prosecutor before you rely on it. For a free initial consultation, call Jim Kellenberger at (408) 241 – 1600, or email at jk@kellenbergerlaw.com.
Related Questions
- How binding on probation are plea bargain agreements negotiated by my attorney with the Court and the District Attorneys Office?
- Can the Somerset I.S.D. Police Department take action against a non-student if they are not on school district property?
- What is a plea bargain? Will the District Attorney plea bargain my case?
