Plea Bargains are based on the rules of contract law

December 17, 2010

A Greene County defendant was sentenced to 20 years in prison for drug crimes he committed. His Dayton criminal defense lawyer tried to make a deal with a Greene County Assistant Prosecutor early on and the criminal defense lawyer is adamant that the prosecutor offered a 4 year sentence for the defendant's cooperation in helping police catch other drug dealers. The prosecutor denies ever promising a 4 year prison term. She says she initially promised a sentence of 4 to 10 years for the defendant's cooperation. Later she offered a flat 8 year prison term. Thing is, the defense never accepted the State's offer of 4 to 10 or 8. The Dayton criminal defense lawyer just kept insisting that the prosecutor promised a 4 year prison sentence. Because the defense never agreed to any offer the prosecutor admits to making (or that the defense had proof of) there was never any plea bargain and the Greene County trial judge sentenced him to 20 years. In the end the State says the defendant did not "cooperate" enough as required. Read the decision here.


If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.