Hello and welcome to JustAnswer. I would like to assist you with your question today.I am sorry to hear about your son's situation. One would need to review to the transcripts of the proceedings in the trial court to determine the basis and what arguments would be viable for an direct appeal in your son's case.A criminal defense attorney has a duty to communicate plea offers to their client. The attorney's failure to communicate the plea offer to your son may entitle him to relief in a post-conviction proceeding.In 2012 the United States Supreme Court addressed a fact pattern similar to what you have presented in Missouri v. Frye, No. 10-444. http://www.supremecourt.gov/opinions/11pdf/10-444.pdfIn Frye, the defendant entered a plea of guilty to the charge of driving with a revoked license. After being sentenced, he filed a motion for post-conviction relief based on his attorney’s failure to communicate a plea offer which had lapsed prior to his entering the plea. Frye testified at an evidentiary hearing that he would have entered a guilty plea to the misdemeanor had he known about the offer.Your son should have his case reviewed by experienced criminal attorney who is experienced in representing clients on direct appeals and post-conviction motions.I hope that I have answered your question. Please let me know if you have more questions or need more information._________________________________________________________________Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”_________________________________________________________________Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area. Please click "Great" or better to rate service.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).