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  1. #1
    Join Date
    Oct 2005
    Location
    Michigan
    Posts
    2

    Default Prosecutor unilaterally revoked a stipulation with Defendant

    Guy got arrested for drug charges. immediately thereafter, he waives rights. He enteres stip with Prosecutor which basically says he will cooperate in their on-going investigations. in return, they will release him on own recognizance. No formal complaint/information filed. Few months later, prosecutor files ex parte motion to revoke the stip on basis that guy did not provide "substantial assisstance," whatever that means. Next day, prosecutor files information and guy is arrested on prior arrest warrant.

    Can they do this? Any winning argument that this was somehow done in bad faith - seems like it since stip was so one-sided (unconscionable?)

    He had no counsel to advice him as to the exact meaning of the stips terms and im sure the prosecutor did not explain them to him fully and accurately.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Yes, the prosecutor can do that. It's not even particularly unusual.

    The defendant may have his lawyer look into whether the revocation by the prosecutor was a breach of the agreement or if it was justified. But such agreements seem typically to make it a rather subjective call on the part of the prosecutor.

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