§3296 Counts Dismissed Pursuant to a Plea Agreement

Summary

A court must put back charges that were dropped under a plea deal if four things happen: the charges were first filed before the time limit for filing ran out; the court approved the plea and the defendant pleaded guilty to other counts; the defendant later asked to cancel that guilty plea and the court granted that request; and the government asks to reinstate the dropped charges within 60 days after the court’s order canceling the plea is final. The judge can still hear any defense or objection to the charges put back, except the government may not be blocked by the time limit for filing charges.