Can a judge reject a plea deal? Yes. In South Carolina and in federal court, a judge doesn't have to accept an agreement the prosecutor and defense negotiated. What happens next depends on the type of deal. If the judge rejects an agreed, binding sentence, you can typically withdraw your guilty plea and keep your right to a jury trial.
That question became real for one South Carolina family this week. WSOC-TV reported on Oct. 22, 2026 that a York County judge refused a negotiated 12-year plea agreement for Walter Duncan, who is charged with felony DUI resulting in death. According to WSOC, the judge said 12 years was not enough and turned the deal down after hearing about Duncan's history of DUI and drug convictions.
If you have a plea deal on the table, or someone you love does, this case raises the question every defendant should ask before a plea hearing: what happens if the judge says no?
Does a judge have to accept my plea deal?
No. The U.S. Supreme Court settled this decades ago. In Santobello v. New York (1971), the Court wrote: "There is, of course, no absolute right to have a guilty plea accepted. A court may reject a plea in exercise of sound judicial discretion."
South Carolina follows the same rule. In Brooks v. State (1997), the S.C. Supreme Court said: "A court is not required to accept a plea agreement reached by the State and the defendant." In that case, the court also found that "the trial judge was not bound to accept the negotiated sentence reached by the State and respondent." The judge had not imposed the negotiated 7-year sentence, and the Supreme Court held the plea was not involuntary for that reason alone, because the judge had told the defendant he faced up to 26 years.
Plea deals are how most criminal cases end. The 14th Circuit Solicitor's Office guide says more than 95% of convictions nationally and statewide come from guilty pleas. Because pleas are so common, it helps to know the judge has the final say.
Why would a judge reject a negotiated deal?
A plea agreement is a deal between the prosecutor and the defense. The judge isn't a party to it. The judge's job is to decide whether the outcome fits the offense and the person being sentenced.
In the York County case, WSOC reports that prosecutors said Duncan was driving 82 mph in a 45-mph zone when he hit the back of Bruce Walker's car, and that his blood alcohol level was 0.13 several hours after the crash. Walker, 66, was killed in the crash on Aug. 12 of last year, according to WSOC. The 16th Circuit Solicitor's Office cited seven prior DUI convictions and four marijuana convictions going back to 1989. Matthew Shelton of the solicitor's office told WSOC, "He has not learned anything," and said the defendant had been driving under the influence and using drugs for 35 to 40 years.
Victims' families can also make their views known. WSOC reports that Walker's family applauded in the courtroom when the deal was rejected, and his nephew, Randy Vickers, said the family never wanted the plea deal.
Duncan has not been convicted of felony DUI. The judge's decision rejected a proposed sentence. It was not a finding of guilt.
What kind of deal do you have? Binding vs. recommendation
This is the most important question to ask your lawyer, because the answer controls what happens if the judge rejects the deal.
The 14th Circuit Solicitor's guide describes two common types of pleas in South Carolina:
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Negotiated sentence plea. The prosecution and defense agree on a specific sentence. According to the guide, "the judge must either accept the plea and issue the negotiated sentence or the reject the plea in its entirety."
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Sentencing recommendation. The prosecution recommends a sentence, often a range. The guide says the judge "can then reject or accept the plea. If it is accepted, the judge will then set the sentence as they see fit."
Federal court uses a similar structure. Federal Rule of Criminal Procedure 11(c)(1) lists three kinds of agreements:
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Type (A): the government agrees to drop other charges or not bring them.
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Type (B): the government recommends a sentence, but the recommendation "does not bind the court."
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Type (C): the parties agree to a specific sentence or range, which "binds the court once the court accepts the plea agreement."
For type (A) and (C) agreements, Rule 11(c)(3) says the court "may accept the agreement, reject it, or defer a decision until the court has reviewed the presentence report." For a type (B) agreement, the court must tell you that you have no right to withdraw your plea if the judge doesn't follow the recommendation.
If the judge rejects the deal, are you stuck with a guilty plea?
It depends on the type of deal.
South Carolina negotiated sentence. According to the 14th Circuit guide, "If the plea is rejected, the defendant can withdraw the guilty plea without surrendering the right to a jury trial."
Federal binding deal. Under Rule 11(c)(5), if the court rejects a type (A) or (C) agreement, it must say so in open court, "give the defendant an opportunity to withdraw the plea," and warn that if the plea stands, the court may handle the case "less favorably toward the defendant than the plea agreement contemplated." Rule 11(d) also lets a defendant withdraw a plea "before the court accepts the plea, for any reason or no reason," and after acceptance but before sentencing if the court rejects the plea agreement or the defendant shows "a fair and just reason."
Recommendation only. If your deal was only a nonbinding recommendation and the judge gives a different sentence, that alone doesn't give you a right to withdraw in federal court. In South Carolina, the judge who accepts a recommendation plea then sets the sentence.
How withdrawal works in South Carolina, and why the record matters
South Carolina doesn't have a detailed federal-style rule on this point. The official note to S.C. Rule of Evidence 410 says: "South Carolina has no equivalent to Rule 11 of the Federal Rules of Criminal Procedure."
Instead, case law fills the gap. The USC School of Law Juvenile Justice Benchbook summarizes it this way:
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"Once a guilty plea has been entered, whether to allow withdrawal of the plea is left to the court's discretion" (State v. Riddle, 1982).
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"If the judge does not accept the plea as negotiated, defendant may be allowed to withdraw plea."
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Defense counsel must move to withdraw the plea if the "judge appears to deviate from terms of a negotiated plea" (citing Brooks v. State, 1997), or if the solicitor strays from the agreed terms (Jordan v. State, 1988).
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"Failure to attempt to withdraw may be ineffective assistance of counsel" (Sprouse v. State, 2003).
One unpublished case shows what can go wrong. In State v. Priest (2010), the defendant argued that the plea court refused his negotiated plea, wouldn't let him withdraw, and then sentenced him above the negotiated term. The Court of Appeals affirmed because the issue had not been raised to and ruled on by the plea court. Priest has no precedential value, but the lesson is practical: if the judge departs from your deal, your lawyer needs to object and move to withdraw on the record at that hearing. If no one raises it then, you may lose the chance to raise it on appeal.
Can what you said in plea talks be used against you at trial?
Generally, no. Under SCRE 410, a guilty plea that is later withdrawn is generally not admissible against the defendant. The same goes for statements made in plea discussions with the prosecutor that don't result in a guilty plea, or that result in a plea later withdrawn. There are narrow exceptions, including fairness or completeness concerns and perjury prosecutions.
This matters if your deal falls apart and the case heads to trial. Your withdrawn plea and plea negotiations generally can't be used as evidence that you're guilty.
What if the prosecutor breaks the deal?
A judge rejecting a deal is different from a prosecutor going back on one. Santobello holds that when a plea rests significantly on a prosecutor's promise, "such promise must be fulfilled." In South Carolina, the benchbook notes that counsel must move to withdraw the plea if the solicitor strays from the agreed terms (Jordan v. State), and that failing to try may be ineffective assistance of counsel (Sprouse v. State).
What's at stake in a South Carolina felony DUI death case
The size of a plea deal matters most when the possible sentence is wide. Under S.C. Code 56-5-2945(A)(2), felony DUI resulting in death carries:
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A mandatory fine of $10,100 to $25,100
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"Mandatory imprisonment for not less than one year nor more than twenty-five years"
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No suspension of any part of the mandatory sentence, and "probation must not be granted for any portion"
When great bodily injury results instead of death, Section 56-5-2945(A)(1) sets a fine of $5,100 to $10,100 and 30 days to 15 years in prison. WIS-TV has described felony DUI resulting in death in South Carolina as "a serious, violent, and 'no parole' offense."
With a range running from 1 to 25 years, a negotiated number gives a defendant certainty. When a judge rejects that number, the certainty goes away.
What happens to the case next?
After a rejection, a case usually goes one of three ways:
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The parties negotiate a new deal and present it to the court.
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The defendant pleads guilty without an agreed sentence and the judge decides the sentence within the legal range.
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The case goes to trial.
Things can move fast. In a 2013 case in Charlotte, N.C., WBTV reported that Judge Richard Boner rejected a 10-to-20-month involuntary manslaughter plea in a fatal drunk-driving case. Later that afternoon, a different judge accepted a plea, and the defendant was sentenced to 12 to 24 months plus 7 days for DWI.
WSOC has not reported a trial date or the next step in Duncan's case.
Checklist before your plea hearing
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Know your deal type. Ask your lawyer if it's an agreed (binding) sentence or a recommendation the judge can ignore.
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Ask what happens if the judge says no. Find out if you would be able to withdraw your plea and go to trial.
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Know your exposure. Understand the full sentencing range, including mandatory minimums and any limits on probation or suspension.
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Get it on the record. If the judge departs from the deal, your lawyer should object and move to withdraw the plea at the hearing, not afterward.
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Watch the prosecutor's side, too. If the State doesn't keep its promise, that's a separate issue your lawyer should raise right away.
Related reading
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Should You Take the First Plea Offer? Questions to Ask Before You Sign
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Can a Judge Sentence Below Guidelines After a Guilty Plea? A Fraud Case Where 46 Months Became 18
Sources
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WSOC-TV: Judge rejects 12-year plea deal in deadly York County DUI crash (Oct. 22, 2026)
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WSOC-TV via Yahoo News: Judge rejects 12-year plea deal in deadly York County DUI crash
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South Carolina Code of Laws, Title 56 Chapter 5 (Section 56-5-2945)
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WIS-TV: Lexington County man sentenced 12 years after DUI death conviction (Sept. 25, 2025)
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WBTV: Judge accepts plea deal in drunk driving death hours after it was rejected by another judge
Note: This article contains AI-assisted content and has been reviewed by our editorial team.
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