criminal-law virginia prosecutorial-discretion plea
Virginia prosecutor changed/added charges to original charge that one pled guilty to
<p>I was charged by the police with two charges that were felony 5. I plead guilty.</p>

<p>When I went to court the prosecutor added another charge and changed the felony 5 charges to felony 2 charges. The outcome of these felonies are extremely different.</p>

<p>Can a prosecutor in the state of VA do this?</p>

<p>A prosecutor has the discretion to change his mind up to the point that the defendant enters his plea in court and the judge accepts the deal. The American Bar Association standards on <a href="https://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_pfunc_blk.html#4.2" rel="nofollow noreferrer">fulfillment of plea discussions (3-4.2(c)</a> is stronger, not approving of backing out of a deal unless the defendant breaches the agreement or there are extenuating circumstances. There is no corresponding rule in Virginia.</p>
