CAN AGREEMENT BETWEEN LAWYER AND DA BE CHANGED?

Q. Can a plea bargain at the preliminary hearing level be taken back if I signed it? I was charged with 2nd DUI on the 2nd tier, and also child endangerment and was offered a plea bargain, which I did sign. My lawyer told me the DA didn’t know about a new law. My question is what are my chances of losing the deal when I go to big court?

A: All I can tell you is that agreements between lawyers are enforceable and are usually honored. You should be asking your lawyer this question as he is familiar with your specific situation. The Assistant DA who offered the deal should honor it but he or she may be given orders not to do so by the supervisor, because the deal was premised on a mistake of the law. If the DA would try to rescind the agreement, your lawyer could file a motion with the judge to enforce the agreement. As I said, agreements between lawyers are enforceable and a mistake of the law is usually not considered to be a defense. It will probably work out.