Tennessee Criminal Cases: Are Verbal Promises Enforceable?

In Tennessee, the idea of a “verbal agreement” is more often discussed in civil or contract disputes than in criminal defense. Still, there are situations in criminal law where promises—whether made by prosecutors, law enforcement, or defense counsel—may be relevant. The enforceability of such promises depends mainly on how they were made, documented, and relied upon by the parties. For guidance under Tennessee law, our criminal defense attorneys at Burch & Stewart can review your options and protect your rights.

In practice, a verbal agreement in a criminal case might arise in plea negotiations, agreements to drop certain charges, or promises of leniency. However, such contracts are more vulnerable to challenge or denial, especially if they are not put in writing or memorialized in court filings.

Factors Influencing Enforceability of Verbal Promises in Criminal Cases

One key factor is whether the verbal promise was relied upon by one party in a meaningful way. For example, suppose a defendant pleads guilty based on a prosecutor’s promise (verbal or otherwise) that a particular charge would be dismissed or a specific sentence would be recommended. In that case, courts may enforce the promise if it was made in open court or recorded in the court transcript. But outside of that formal setting, implementing a purely verbal promise is more difficult. Prosecutors typically insist that any binding plea agreement be reduced to writing and approved by the court to avoid disputes later.

Another consideration is whether the promise violates procedural or constitutional rules. For instance, promises to waive key constitutional rights or to grant immunity in certain circumstances must follow statutory guidelines. If a verbal promise contradicts statutory law or basic due process, courts may refuse to enforce it. The lack of clarity, memory lapses, or “he said/she said” disputes make verbal promises inherently risky in criminal defense contexts.

Why Written Plea Agreements and Court Confirmation Matter

Because of the uncertainty inherent in verbal agreements, the best practice is always to require that any promise from the prosecution be made in writing—and typically embedded in a plea agreement submitted to the court. Once it’s on paper, signed by the parties, and accepted by the judge, it carries much greater weight and is more enforceable. And where a defendant’s understanding of the promise is recorded in the trial record—such as in a plea colloquy—the court is better able to hold parties to their promises or remedy violations.

Trust Burch & Stewart Attorneys for Clear Enforceable Agreements

At Burch & Stewart Attorneys in Tennessee, we recognize how pivotal promises and negotiations are in a criminal case. We will not rely on ambiguous verbal assurances. Instead, we push for documented plea agreements, ensure that all critical terms are stated clearly, and advocate that everything be placed in the court record.

If a verbal offer was made but never formalized, we work to memorialize it or challenge noncompliance. Don’t gamble with your future on an unrecorded promise—contact us today for a consultation and let us defend your rights with clarity, precision, and strength.