Washington State Special Sexual Offender Sentencing Alternative (SSOSA)
Aaron please comment:
I have three questions.
First, is a defense attorney obligated to bring SSOSA to the attention of a defendant that could qualify for it based on the situation in question?
Second, what is the best way to search for a case setting a precedent in which a defendant, pleads innocent, is found guilty by a jury & then pleads guilty for sentencing under SSOSA?
Third, does a defendant have the right to learn the date a plea bargain was made by the prosecutor t the defense attorney? And is the defense attorney required by law to pass that information to his client in a timely manner, or may he hold onto it?
Thank you.
Re: Washington State Special Sexual Offender Sentencing Alternative (SSOSA)
One further thing, in speaking to both lawyers after jury deliberations ended, regarding why SSOSA was never brought up, the defense attorney said, it was not appropriate since the defendant chose to plead innocent, and now that the trial was over, no point, even if he was the judge, he would not grant it. On the other hand, the prosecutor said he had never heard of it being brought out in sentencing when the defendant pleaded innocent & was found guilty. But he did not say it was impossible. He then said he believed that the defense attorney had previously offered it to the defendant (which never occurred per the defense attorney). In relation to my first question, does this give the defendant improvede standing during the sentencing hearing?
Thank you
Re: Washington State Special Sexual Offender Sentencing Alternative (SSOSA)
If you wish to know your rights under Washington State law, you should pose your question to a Washington State criminal defense lawyer. Generally speaking, prosecutors are not obligated to tell you of possible alternative dispositions, as that's the criminal defense lawyer's job. The defendant will obviously learn of a plea agreement, not only because his lawyer has an obligation to inform him of its details, but also because he can't enter a guilty plea under the agreement unless it is implemented on the record.