Q: Attorney Tully, if I make a plea bargain at the Preliminary Hearing with the prosecutor, are they bound by it?
A: Generally yes. This is especially true if the plea bargain is in writing and signed by the prosecutor. There is even case law that says that prosecutors are bound by the terms of a written signed plea offer made to a Defendant. Call me to discuss this.
I want to wish all of you out there, who read my column faithfully every week, a very joyous holiday season. Merry Christmas to everyone. Bernie