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 September 25, 2011 in 

Defendant makes plea deal including term that, if he pays restitution, "verfiable to the state as to their source," the state will not pursue charges on two other cases.

Defendant comes up with the money, and a doctor confirms that he has given the defendant the money, but the prosecutor does not accept the money, and instead pursues the additional charges.

I think the lesson here is that, when you're dealing with an Assistant District Attorney who really, really, really wants to get your client, and has shown it by filing serial charges at sixty-day intervals to try to keep him in jail (a practice you've had to take to the appellate courts twice, successfully) [update: a previous prosecutor had filed the serial charges], you'd better define the terms in your plea agreement so that there's no way a court can let her wriggle out of it.Defendant's Motion to Enforce Plea Agreement

"He may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones."
Berger v. United States.
 

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