Is a plea agreement legal if not signed by the DA?

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Is a plea agreement legal if not signed by the DA?

I have a friend who entered into an “open plea”. All parties signed but the DA.

Asked on February 8, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the plea agreement that you are writing about concerning your friend was entered in open court before a judge, the deputy district attorney, your friend and the presumed attorney of your friend where there was a court reporter present taking down what was said, the oral plea agreement in court would be binding regardless of the fact that not all parties have signed the written agreement memorializing the oral agreement.

I suggest that if your friend has a criminal defense attorney representing him or her that he or she press the district attorney's office to get the plea agreement signed.


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