Originally Posted by
Uncle Mxy
That only works when a prosecutor chooses to charge for rape. The charge that Polanski was plea bargaining to was relatively minor.
There's an awful lot of discretion that a prosecutor has on what to actually prosecute. Perhaps there's too much. We have lots of prosecutors throwing charges at all levels simply to find something that will "stick" and (in many cases) as a mechanism to coax or calibrate a plea deal.
If a judge sets aside a plea bargain, should they permit the defendant's plea to be withdrawn?
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