Q: My son was a suspect in a robbery and he decided to write a statement to help the DA to prosecute the guy with the gun and in DA promised his charges would be reduced to juvenile charges now she’s not holding up her part of the bargain. Is there anything I can do or some motion to file.

A: If your understanding is correct, let me offer this. Plea negotiations between attorneys are considered to be binding and enforceable. Thus, a plea agreement between your attorney and the DA, are binding and are enforceable. Plea agreements between police officers and defendants are not considered to be binding and enforceable. If this agreement was between your son’s attorney and the DA, the attorney should be loaded for bear and file a motion to get this story before the judge and request the judge to enforce it. If the deal was between your son and the DA, the agreement is not considered to be binding nor is it enforceable. However, what was done is not fair to your son and should not have happened. You should get an attorney involved who can file a motion to inform the court what happened and request that the agreement be honored.

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