MBE Rules · Criminal Procedure
Plea bargain — enforceability
Santobello / Mabry
The rule
Once a defendant enters a plea in reliance on a prosecutor's promise, that promise must be kept; breach entitles the defendant to specific performance or withdrawal of the plea. Defendants have no constitutional right to enforce an offer withdrawn before entry of the plea. Effective assistance of counsel extends to plea negotiations (Lafler/Frye).
In plain English
The bargain becomes binding on acceptance and reliance. Broken prosecutorial promises are a due-process violation; unaccepted offers are not enforceable.
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