Criminal Procedure Bar Practice Exam 2025 - Free Criminal Procedure Practice Questions and Study Guide

When a defendant breaches a plea bargain, the most relevant consequence is that they may be retried for a more serious offense. A plea bargain is an agreement between the defendant and the prosecution, often resulting in the defendant pleading guilty to a lesser charge in exchange for a more lenient sentence or other concessions. If a defendant fails to uphold their part of the deal—whether by not complying with the terms of the plea or by committing additional offenses—the prosecution may feel justified in pursuing a more serious charge that was initially off the table as part of the plea agreement.

This situation arises because the defendant's breach undermines the foundation of the plea agreement itself, which assumes good faith adherence to its terms. As a result, the prosecution can respond by bringing forth the original charges or even more serious ones that they might have agreed to not pursue as part of the plea bargain.

In contrast, the notion of double jeopardy does not apply in this context. Double jeopardy protects individuals from being tried for the same offense after an acquittal or conviction; however, breaching a plea bargain does not equate to being acquitted or convicted in relation to the original charges, but rather it allows the prosecution to seek justice anew. Likewise, the state retaining