Can a District Attorney cancel acontracted plea agreement?

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Can a District Attorney cancel acontracted plea agreement?

I was charged with possession with intent to distribute heroin. I cooperated from the beginning and agreed to be a C.I. I signed a contract to provide 5 felony arrests and the charges would be dismissed; I provided 2 big fish before going to rehab. When I returned for my next court appearance a new D.A. had taken on my case and revoked the contract to force me into pleading to a felony. The contract states there can be no oral change, but says that I can’t leave the state without written authorization. I left the state for rehab but told the D.A. first, now she says it voided the contract.

Asked on February 22, 2011 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a lawyer in all of this?  Because you absolutely need to have a lawyer in all of this.  You are being rail roaded beyond rail roaded.  I guess that you did not get the written authorization to leave for rehab but that the DA you told did not object, correct?  The answer to your question is yes, the new DA can rescind the offer BUT I would think that you can object because you have complied with the real intent of the contract, which was to turn in the big fish one by one.  Get yourself a lawyer please.  I really can not say it enough. You can not proceed anymore by yourself.    


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