The answer to this question would require a lot more specific details. Generally, the answer to the question 'can a prosecutor take back a signed deal' is... well, there isn't an accurate general answer to that question. It depends on what precisely happened.
The best person to answer this question is the attorney who helped reach the deal with the prosecution. That person will obviously fight like hell to get the deal enforced, so long as it's possible to enforce it.
Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal advice. Different lawyers may analyze this or any other matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am licensed in the state of California and the Central District of the Ninth Circuit.
If the prosecutor signed an agreement that you would enter a guilty plea to a felony when the offense charged was actually a misdemeanor, the plea agreement would be invalid whether he took it back or not.
I agree with Mr. Kaman. The court should not accept a guilty plea to a felony for a crime that is actually a misdemeanor. Besides, why would you want to accept a guilty plea to a felony when the most your can be charged with is a misdemeanor? Consult the attorney who represented you in arranging the plea deal.
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