Rule 6.312 Effect of Withdrawal or Vacation of Plea

When a guilty plea is thrown out or taken back, the case goes back to square one. The prosecutor can move forward with the original charges, and the defendant can face trial just as if they had never entered a plea in the first place.

This also means the prosecutor can bring back any charges that were dropped as part of a plea deal. If someone pleaded guilty to a lesser charge in exchange for dropping a more serious one, that serious charge can come back if the plea falls apart.