Any lawyers out there?

[GlennRMK]

Question for you lawyers out there

So, myself and 4 others agreed to a plea bargain which was arranged by Law Enforcement Captain of the forest service that serves as a mediator between the forest service and the district attorney's office.

He sent us a document with terms to which we were agreeing with his signature on there. We signed and agreed to the terms and returned.

Now he says the deal is off and forest service wants to go to trial.

Basically the plea bargain stated two people would plead guilty and the other 3 would have our tickets dropped.

Only 3 of us got the paperwork due to changes in addresses. But the 3 of us have our copies.

Does this document serve as any kind of contract? Can they just back out of the deal like that?

Also, it seems like the person that signed the document and pleaded guilty could not have a fair trial due to this document he already signed saying he was guilty?

This is Montana for those wondering.

Any help is appreciated.

 

[bobback]

I'd be asking that Law Enforcement Captain why he went back on his word. Good point on the one person already pleading guilty.

Maybe you should call his bluff, stating you have a signed doc. w/ his signature?

Best of luck!

 

[Superjag]

Lawyer here.
I'm not licenesed to practice in Montana, so take this answer with a grain of salt.

In Minnesota, a plea bargain is not binding on the defendant or the sate until it's reviewed and approved by the Judge. So, although you may be able to argue that the Court should enforce the agreement out of fairness, you cannot demand that they accept it.

Did they give you a Court date yet? If so, go and talk to the Prosecutor/County Attorney. I'd bet you can work out some sort of agreement. The vast majority of cases never go to trial.

 

[spring snow hero]

glen, given the times, it might be worth your effort to call the PA and tell him that you find it bizzarre that they want to back out of the contract with you. I would tell him that you intend to hire an attorney, as do the others and file for continuances till the judge will not allow it. I would also tell him that you are calling the various forms of media and will quote him. inform him that in the tough economic times you have a tough time understanding how they would want to go from a simple revenue generation to an expensive drawn out trial that you will likely win on some form of technicality.....all of which is going to cost tax payers money that could have gone to fighting crime, or punishing a drug dealer.

I had the same thing happen to me in 1998, I got a MCA for a groomer violation in N. Idaho....MCA seemed pretty hefty for that, so I did my research and found my loophole, which was plain as day. there were 1 of us that day who were ticketed, 6-7 of us showed up, I was the only one who contested it. I had it dropped in 30 seconds. the others payed a silly small fine, for me it was the principal of the matter.