In a negotiated plea agreement with the government, the defendant agreed to plead guilty to the reduced charge of false imprisonment for holding his wife hostage during a domestic dispute in return for an agreed-upon sentence to 36 months,

Question

even though the statutory maximum penalty for the charge was 56 months. After conducting the plea colloquy and establishing the facts and basis for defendant's guilt, the judge found the defendant guilty and sentenced the defendant to 56 months. Can the defendant now withdraw his guilty plea on the basis that the court did not honor his plea agreement with the state? Why or why not?
What will be an ideal response?

Answer 1

It is very unlikely that the defendant can withdraw his guilty plea. The plea colloquy is designed to ensure that the defendant understands all of his constitutional rights to remain silent and to a trial and to force the government to prove him guilty beyond a reasonable doubt by pleading guilty. The colloquy also extends to whether the defendant is under the influence of drugs, whether he was promised something in exchange for pleading guilty or forced into pleading guilty, and whether the defendant is pleading guilty voluntarily. The judge also instructs the defendant that the court is not bound by the terms of a negotiated plea agreement with the government and the judge can award the maximum sentence allowable under the law and, if the judge does so, such departure from the plea agreement will not be sufficient grounds to vitiate the plea. An example of not following the recommended sentence in a negotiated plea agreement was the sentencing of former professional football player Michael Vick, whose plea agreement for illegal dog fighting was capped at 18 months imprisonment and the judge awarded 23 months imprisonment.