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plea agreement Archives

Breach of Plea Agreement Results in New Sentencing Hearing

Most criminal cases are resolved by plea agreement rather than trial. Plea agreements are a critical part of the judicial process. Given the temporal and financial resources expended for a jury trial (including the time expended by court staff, judges, attorneys, jurors, and witnesses), it is not possible for all criminal charges to involve a trial. In most cases, prosecutors and defense counsel can evaluate the available evidence and arrive at a reasonable plea bargain which both satisfies the interests of the state and offers the defendant enough incentive to waive his or her trial rights. Defendants who enter a plea agreement must be able to rely on the promises made in exchange for the agreed plea.

State Breached Plea Agreement in Opposing Judicial Diversion

Plea agreements are how the vast majority of criminal cases are resolved. Professionals representing the person accused and professionals representing the State can often evaluate the facts of a case and arrive at a negotiated resolution which is a fair compromise under those facts, sparing both sides the costs and risks of a trial. But a person entering into a plea agreement with the State must be able to rely upon the promises made in exchange for the guilty plea. In the recent Tennessee case of State v. Spang, M2014-00468-CCA-R3-CD (Tenn.Crim.App. 2-6-2015), the Court of Criminal Appeals remanded for specific performance of the State's obligations under a plea agreement, where it determined the State had breached the agreement.

State Breached Plea Agreement in Opposing Judicial Diversion

Plea agreements are how the vast majority of criminal cases are resolved. Professionals representing the person accused and professionals representing the State can often evaluate the facts of a case and arrive at a negotiated resolution which is a fair compromise under those facts, sparing both sides the costs and risks of a trial. But a person entering into a plea agreement with the State must be able to rely upon the promises made in exchange for the guilty plea. In the recent Tennessee case of State v. Spang, M2014-00468-CCA-R3-CD (Tenn.Crim.App. 2-6-2015), the Court of Criminal Appeals remanded for specific performance of the State's obligations under a plea agreement, where it determined the State had breached the agreement.

State Breached Plea Agreement in Opposing Judicial Diversion

Plea agreements are how the vast majority of criminal cases are resolved. Professionals representing the person accused and professionals representing the State can often evaluate the facts of a case and arrive at a negotiated resolution which is a fair compromise under those facts, sparing both sides the costs and risks of a trial. But a person entering into a plea agreement with the State must be able to rely upon the promises made in exchange for the guilty plea. In the recent Tennessee case of State v. Spang, M2014-00468-CCA-R3-CD (Tenn.Crim.App. 2-6-2015), the Court of Criminal Appeals remanded for specific performance of the State's obligations under a plea agreement, where it determined the State had breached the agreement.

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