Making a False Statement as Part of a Plea Bargain

A criminal defendant was charged with battery after a bar fight, and was offered a plea bargain. As part of the plea deal, he had to make a sworn statement that he had never been convicted of a crime other than a traffic offense in any jurisdiction. He had a prior, out-of-state conviction for drug possession that he did not disclose. He assumed that the prosecutor had already searched his record and that nothing came up.

A few days later his lawyer called and said that the plea deal had been revoked. The original deal was for a simple misdemeanor charge and probation. The prosecutor is now stating that the defendant has to plead to a more serious offense, and says that he's going to ask for six months of jail time. The prosecutor also says that he can have the defendant charged with perjury for lying under oath as part of the plea bargain, but won't pursue any additional charges if the defendant pleads guilty under the new plea bargain.

What should the defendant do?

The defendant needs to work with a good criminal defense lawyer. While perjury is rarely prosecuted, it seems like the defendant walked right into this one -- and gave the prosecutor an easy case if in fact perjury ends up being charged.

The defendant's lawyer may be able to salvage the situation, or at least get a better plea bargain, but the defendant's actions have put the lawyer at a significant disadvantage.