Can a prosecutor vacate a guilty plea? I would think it would take a judicial proceeding.

[yellowcanine]

Seems to me once someone pleads guilty the prosecutor is out of the equation. For one thing, the plea is made to a judge. If the judge accepts the guilty plea I don't see how a prosecutor has any say after that. Even in cases where DNA clears someone a judge has rule to vacate a guilty verdict or plea. Am I wrong?

[PoliticAverse]

1. If a case is being appealed and the Prosecution abandons the case...

the Judge can continue the case but the dependant can appeal to a higher court.

With the Prosecution effectively switching sides an eventual triumph for the defense would seem likely.

[yellowcanine]

4. I understand that in the case of a guilty verdict. But this is a guilty plea.

?A guilty plea cannot be appealed. It can only be vacated by a judge. If the judge refuses to vacate it, that decision can be appealed, yes. But I still think it will be a high bar to clear even if the Justice Dept. is no longer involved. I believe it is a separation of powers issue. The case is now entirely in the hands of the judiciary. It should be prosecutorial misconduct for the prosecution to now side with Flynn. Nearly all of the legal community is saying this is unprecedented.

[PoliticAverse]

5. "A guilty plea cannot be appealed" - pleading guilty doesn't eliminate the possibility of appeal...

necessarily although as part of a "plea bargain" a defendant might waive their future appeal rights.

[FBaggins]

2. They can drop charges right up to sentencing

Sometimes they use that to get a defendant to accept a certain punishment on some other charge.

[rso]

3. Flynn

Judge Sullivan will hear the DOJ case to dismiss on Monday. It could go either way, but if he rules against the DOJ, the DOJ will certainly appeal .