But sometimes an agreement unravels only minutes before the sentencing. The accused person backs out, deciding to chance a trial. When that happens, expectations are often shattered, particularly if the crime has involved death and a family. When a plea is withdrawn at the last minute, it's often the victim and the victim's family that get overlooked, victim advocates say. Judges have the discretion to decide whether a plea can be withdrawn, state District Judge Neil Candelaria, said.
Law governs it.
But when they enter into a plea, they give up their right for a trial. But it's a contract between the offender and the state. Victim advocates from Mothers Against Drunk Driving said that when a plea agreement falls apart it often harms the healing process for families who have lost a loved one. Victims are ready for sentencing. Then the offenders are allowed to pull the plea at the last minute.