Legal Question in Criminal Law in Colorado

dropped charges

hi, i have a fairly simple question,if someone takes a plea bargain and the other charges are dropped, can they charges that were dropped be put back on said person?

thank you for any help


Asked on 11/22/04, 6:20 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: dropped charges

It is similar to a contract. The DA agreed to drop charges if x entered a guilty plea and complied with all other conditions of the agreement. If DEF did something to breach the agreement, the DA need not honor the breached agreement. If the DA is just breaching the agreement, the court can be motioned to require the DA to comply with the agreement.

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Answered on 11/23/04, 9:45 am
David Colt Colt Law Firm, P.C.

Re: Dropped Charges

Hello:

Generally, when a plea bargain is entered into, both sides will stipulate that the other charges will be dropped and that they cannot be brought again. This is actually like a contract, where the consideration of pleading guilty binds both parties to the terms of the agreement. However, sometimes a plea agreement might include a provision like payments of restitution or counseling, etc., that if not completed can result in the charges being reinstated.

I hope this information helps you. Please feel free to call me if you need more information. David Colt 303-321-6872

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Answered on 11/22/04, 7:25 pm


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