Legal Question in Criminal Law in Minnesota

Plea bargain

I know someone who has been sentenced to 2 years in a Federal Detention Center for drug trafficking in the U.S. 2 months or so ago the FBI asked her to testify against the people she had worked for and if she agreed they would take 1 year off the sentence. She agreed but on the day of the trial as she was walking into the courtroom, the people she was going to testify against broke out in a fight and she was pulled out of the court and was not allowed to testify for her own protection. The question is, even though she did not testify but she was willing too, does she still get the year off of the sentence?


Asked on 12/12/02, 7:00 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Plea bargain

First, it is difficult if not impossible to enforce any kind of "deal" made with police, including FBI. Police are generally deceptive about such "deals." Such deals should only be made with the prosecuting attorney, by and through your attorney, and in writing.

Whether she is entitled to a reduced sentence would depend upon the specific terms of any such agreement with the proscecutor. This is a question she would best address to her lawyer, who should know the details.

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Answered on 12/13/02, 2:17 pm


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