Is a cooperation agreement between a defendant and a federal law enforcement agency enforceable?

California, United States of America


The following excerpt is from People v. Tapia, E069138 (Cal. App. 2019):

Here, defendant's agreement was both a plea agreement and cooperation agreement. A cooperation agreement is generally an agreement between the defendant and a law enforcement agency but is analogous to a plea agreement in a number of respects. (C.S.A., supra, 181 Cal.App.4th at p. 778.) "As with a plea agreement, '[t]he government is held to the literal terms of [a cooperation] agreement, and ordinarily must bear responsibility for any lack of clarity.' [Citation.] And, like a plea agreement, 'an agreement to cooperate may be analyzed in terms of contract law standards.' [Citation.]" (Id. at pp. 778-779.) "Failure of the state to honor the agreement violates the defendant's due process rights for which the defendant is entitled to some remedy. [Citation.]" (People v. Lopez (1998) 66 Cal.App.4th 615, 636.)

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