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Lawyer Won't Advise on Plea Bargain

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  • 10-29-2008, 02:46 PM
    elizzyb
    Lawyer Won't Advise on Plea Bargain
    My question involves criminal law for the state of: Florida

    We have private criminal defense lawyer who has presented us with a plea bargain but says that he can't offer an opinion as to whether this is a good plea bargain or not.

    I thought you pay a lawyer for advice. It seems confusing to me that he won't say whether or not he feels this is the best we can get.
  • 10-29-2008, 06:26 PM
    M'sta Mikey
    Re: Lawyer Won't Advise on Plea Bargain
    Your attorney is correct. All he can do is attempt to get you a favorable plea bargain. Accepting that is up to you. He/she can advise you on the law, court proceedings, represent you in court, etc. but he/she won't tell you whether to take a plea or not.
  • 10-30-2008, 10:08 PM
    Litigator
    Re: Lawyer Won't Advise on Plea Bargain
    While it us ultimately the client's decision whether to accept a plea bargain, the attorney should be able to advise the client as to whether the offer is good or not based on his/her experience in dealing with such cases including those which were tried and those which pled out.
  • 10-31-2008, 05:56 AM
    aaron
    Re: Lawyer Won't Advise on Plea Bargain
    I agree with litigator. A criminal defense lawyer should be able to advise you as to whether a plea bargain offer is good under the circumstances of your case.
  • 11-02-2008, 03:45 PM
    M'sta Mikey
    Re: Lawyer Won't Advise on Plea Bargain
    Quote:

    I agree with litigator. A criminal defense lawyer should be able to advise you as to whether a plea bargain offer is good under the circumstances of your case.
    Thank you! Honestly, that's good information. In my sisters situation, her attorney would NOT advise her in any way, shape, or form. He told her, and I quote; "I can only reiterate to you what the prosecution offered. I cannot advise you, or suggest to you what you should do. And even if I did, there is no indication that the judge would honor it. It's your decision."
  • 11-02-2008, 08:59 PM
    kist
    Re: Lawyer Won't Advise on Plea Bargain
    All too often the client is asking the attorney to decide for them. obviously the lawyer will explain what the plea involves, what punishment and if he thinks he can get a better deal. He just won't answer the "what do I do" question.
  • 11-02-2008, 09:21 PM
    aaron
    Re: Lawyer Won't Advise on Plea Bargain
    "What would I do" is really unanswerable, as you can't know until you're in the position of a defendant facing the decision. Moreover, if the client is insisting that he's innocent, he's in a much better position than the lawyer to know if, in fact, that's true. Any criminal defense lawyer will eventually have a client whose (to that point) plausible claims of innocence fall apart the moment the first prosecution witness takes the stand at a hearing or trial.
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