united-states criminal-law federal-courts us-federal-government
Can the government change a plea offer based on a dismiss motion the defense files?
<p>Suppose you are accused of something that doesn't make sense or shouldn't be placed on you based on jurisdiction, and decide with your retained defense attorney to file a motion to dismiss those charges.</p>

<p>If the government has already offered you a plea offer quite early on, with no jail time/small fine, can they make that offer less favorable just because you filed that motion? </p>

<p>They were annoyed and "mad" that you've bothered to file a motion, so they screw you over with an increased sentence? </p>

<p>A prosecutor has very broad discretion to offer and rescind a plea agreement, subject to Federal Rules of Criminal Procedure <a href="https://www.law.cornell.edu/rules/frcrmp/rule_11" rel="nofollow noreferrer">Rule 11</a>. <a href="https://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf" rel="nofollow noreferrer">This note</a> gathers together sources that have studied the effect of this discretion. If you reject an offer, then the offer isn't there anymore. Either side can withdraw from a bargain until the judge accepts it.</p>
