Rule 33.10.Stating Intention to Reject the Plea Agreement

Rule 33. PLEADING BY DEFENDANT · Not amended since adoption on record · Last verified July 17, 2026

In one sentenceRule 33.10 requires a trial court planning to reject a plea agreement to warn the defendant, on the record, that no agreement controls the court, that this one will be turned down, that the outcome could end up worse than promised, and that the defendant can pull the guilty plea back without needing further justification.

Full Text of Rule 33.10

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If the trial court intends to reject the plea agreement, the trial court shall, on the record, inform the defendant personally that (1) the trial court is not bound by any plea agreement; (2) the trial court intends to reject the plea agreement presently before it; (3) the disposition of the present

case may be less favorable to the defendant than that contemplated by the plea agreement; and (4) that the defendant may then withdraw his or her guilty plea as a matter of right. If the plea is not then withdrawn, sentence may be pronounced.

Plain-English Summary

Rule 33.10 gives a defendant fair warning before a plea agreement falls apart on the bench. If the trial court has decided against going along with a deal, it cannot move straight to sentencing — it has to say so, on the record, and cover four points: that no plea agreement controls what the court does, that this particular one is being turned down, that the case could turn out worse for the defendant than the agreement promised, and that the defendant may pull the guilty plea back in response.

That warning gives the defendant a real choice. Once the court delivers it, the defendant can take the guilty plea back rather than get stuck with a worse result than the one bargained for. Nothing forces a withdrawal, though — if the plea stands, the court can go ahead and hand down sentence.

Frequently Asked Questions

What must the trial court do before rejecting a plea agreement?

Tell the defendant, on the record, four things: that no agreement controls what the court does, that this particular deal is being turned down, that the case could end up worse than the agreement promised, and that the defendant may pull the guilty plea back without needing further justification.

Is the trial court bound by a plea agreement?

No. Rule 33.10 requires the court to tell the defendant directly that no plea agreement controls the court’s decision.

Can the defendant withdraw a guilty plea if the court rejects the plea agreement?

Yes, without having to show any special justification.

What happens if the defendant does not withdraw the plea after the court’s rejection notice?

The court may go ahead and hand down sentence.

Must the court warn the defendant that the outcome could be worse than the plea agreement promised?

Yes — the court has to tell the defendant the case could turn out worse than what the agreement had promised.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

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