Can You Appeal if the Prosecutor Breaches Your Plea Agreement? A Minnesota Appeals Attorney Explains

When a defendant enters into a plea agreement, both the State of Minnesota and the defendant are bound by the plea agreement. The Supreme Court of the United States has applied some of the principles of contract law in enforcing plea agreements. Santobello v. New York, 404 U.S. 257, 262 (1971). Plea agreements are not to be taken lightly. And a plea can be withdrawn if the agreement is violated.

Adding Prison Time to the Agreement

In State v. Sovde, the agreement at the plea hearing was to a 216 month sentence. In Minnesota, you serve 2/3rd of prison sentences in prison and you are put on supervised release for the last third of your sentence. In State v. Sovde, the prosecutor argued at the sentencing hearing that the State’s recommendation was for 216 months actual time (2/3rd of the sentence) rather than a 216 month sentence like what the defendant agreed to at the plea hearing. The district court judge imposed a 306 month sentence (which amount to 216 months of actual time under the 2/3rd rule). The Minnesota Court of Appeals held that the prosecutor breached the plea agreement and reversed and remanded the case to allow the defendant to withdraw the plea.

Conclusion

If you or a loved one were sentenced in a case where the prosecutor breached the plea agreement, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650