Can a prosecutor make changes to a plea deal once all parties have signed?

For example: If someone was to plea (deal) to and was convicted of manslaughter. However then the prosecutor changed the paper work to homicide, but did not inform the defendant or the courts. Later they conceded that they made the changes without telling anyone.

Is this lawful, and can your sentence be vacated if this were to happen?

  • Please clarify what you are trying to ask- you start by asking about a plea deal but then go to conviction, and the prosecutor changed (changed what? when?). A plea deal must be accepted by a judge. When you edit, please add country (and state if relevant). – Damila Jan 31 '20 at 20:29
  • My friend in OHIO was convicted of aggravated vehicular Homicide. he pleaded to the lesser charge of aggravated vehicular manslaughter. All parties the attorney, defendant prosecutor and judge signed off on Agg veh Man. When the prosecutor from the sate of ohio filed the paperwork, he said someone told him that there is no AVM so he changed it to Agg Veh homicide and did not inform anyone by his on testimony. The judge in Ohio said that was OK. Can the prosecutor do this and it still be legal? Can my friend get his sentence vacated? i am from the US. – Kathy Jan 31 '20 at 20:39
  • Interesting. What does his lawyer say? Ohio does have vehicular manslaugter, which is less than vehicular homicide, which is less than aggravated vehicular homicide, according to a reading of this: codes.ohio.gov/orc/2903.06 He should seek legal counsel if he thinks the plea agreement was not what he agreed to. – Damila Jan 31 '20 at 20:53
  • we had an evidentiary hearing on yesterday and the lawyer said because no one was notified of these changes that he sentence should be vacated. No one has really said if there is actually such thing as AVM, I am looking for a definitive answer somewhere since the prosecutor changed it. Also, his first attorney said he would get judicial release after his mandatory time, which I have in writing from his attorney, however, during sentencing they gave him all mandatory time. Thx – Kathy Jan 31 '20 at 20:56
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    That is for your friend's lawyer to argue before a judge or an appellate court. – Damila Jan 31 '20 at 21:17

A prosecutor cannot make a change to a plea agreement after it is signed. That's why it has to be signed. If there is an error in it then it needs to be re-written and re-signed.

No, your friend cannot get their conviction vacated over this. They can have it reversed and put back into pre-trial for a new determination (plea, trial, etc.). They need to speak to an attorney to understand if this is worthwhile or not. There really are very very few instances where a mistake in the legal system means you can get away with a crime.

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