8.10.9 Remedies

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.10.9 Remedies

Once the court has accepted a guilty plea pursuant to agreement, the defendant has the right to enforce the bargain. If some error occurs in the taking of the plea, the defendant may withdraw the guilty plea and plead anew.¹⁰⁹ If the prosecution does not keep its part of the bargain, the court may determine whether the circumstances require specific performance of the agreement or whether the defendant should be given an opportunity to withdraw the plea.¹¹⁰

Many disputes arise when the government refuses to file a motion to reduce the defendant's sentence for "substantial assistance" in the investigation or prosecution of others. Because the prosecutor's discretion...