TDCAA Community
Rescinding Impossible Plea Deals

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7283912997

July 30, 2024, 09:12
cncundiff
Rescinding Impossible Plea Deals
I starting working a file that had a previous plea offer sent to counsel: deferred and a $300 fine for speeding in a construction zone with workers present. Defense cut the check and sent it into our office. The problem is that we can't offer deferred for the offense. See CCP 45.051(f)(1).

I can't imagine a situation where I would exercise discretion to rescind another attorney's offer, even if I thought the offer was terrible. But I don't think there's any discretion here.

I think the solution is to simply call the attorney and explain the issue, and knock $100 off the fine as a gesture of goodwill. But I was wondering if anyone else here has ever had a similar experience.
July 30, 2024, 11:39
ekquisenberry
You've got the answer you need. You can't agree to something that's not allowed by law.