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  1. #1
    Join Date
    Jun 2010

    Default Plea Agreement in Bad Faith

    My question involves criminal law for the state of: CALIFORNIA My brother signed a "plea agreement" as did the judge, prosecutor(DA), and my brothers attorney. In that plea there was a condition which said that 2 items seized were to be returned to me. The items are a "cane sword" and a "military style bullet proof vest". After contacting the Sheriff's Dept. , I was told that neither item will be returned to me. The cane sword is an illegal weapon(pc 12020) and the vest because they dont want to. Seriously, those were the reasons stated. Isn't the "plea agreement" the same as an order once the judge signs it? And if it was totally illegal to possess the cane sword, why would the return of it be incorporated into the plea agreement? The judge and the prosecutor would obviously known this yet they both agreed to returning it and signed the plea. HELP PLEASE. Thank you in advance for any info., help or advice offered.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Plea Agreement in Bad Faith

    Your brother signed a plea agreement that presumably indicated that the prosecutor wasn't going to try to seek forfeiture or take other action preventing the return of certain evidence from his case. I can't read the plea agreement from here, but it's safe to say that you weren't a party to the agreement even if you were named as a potential beneficiary. There's an enormous difference between the prosecutor's relinquishing any claim to the item, or stipulating that it need no longer be retained for your brother's criminal case, and his or the judge's ordering the items returned to you. Feel free to post the exact language of the plea agreement, as it does us no good for you to keep it to yourself.

    What do you want the sheriff to do with the cane sword - hand it to you then arrest you for possession of an illegal weapon?

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