I was charged by the police with two charges that were felony 5. I plead guilty.

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.

Can a prosecutor in the state of VA do this?

  • Was new information exposed in the time between the agreement and when the prosecutor did this?
    – A.fm.
    Apr 14, 2018 at 19:34
  • There was no new information exposed. The prosecutor changed the charges after I had appeared at the first hearing to be told my charges of which I plead guilty. I went to court after that and she had changed the charges.
    – user17607
    Apr 16, 2018 at 12:31

1 Answer 1


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 fulfillment of plea discussions (3-4.2(c) 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.

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