Criminal Law Questions? Ask a Criminal Lawyer.
I got bad advice from my criminal attorney and I relied on him. In the end, I got felony charge, served time in jail and lost a lot of money. and lost professional license too.
I had to plea guilty to exchange very light sentence. Noway I can win this because my criminal attorney told me too.
The Ninth Circuit Court of Appeals recently construed this Supreme Court opinion to hold that effective assistance of counsel during a plea bargain now requires the attorney to also advise a client of the consequences of rejecting a plea offer.
Specifically, the attorney in that case was ineffective when he advised the client to reject a plea offer for 6 years in prison but did not also advise the defendant that if he was convicted at trial, the conviction would be counted as his third strike and he would be sentenced to a mandatory minimum 25 year prison sentence.
Attorneys have long had a duty to relay all formal plea bargain offers to their clients. Now they additionally have a duty to advise their clients of potential consequences of not accepting those offers.
A failure on an attorney’s part to discuss the consequences of rejecting an offer does not mean automatic reversal.
In order for a defendant to prevail when making a claim of ineffective assistance of counsel in the plea bargaining process after conviction, the defendant must show the attorney gave him “ineffective advice which lead him to reject a plea offer, that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence or both, under the offer’s terms would have been less severe than under the actual judgment and sentence imposed.”
I need a criminal malpractice attorney to represent me on this case and so far I could not find one. Do you have any one suggesting or refer too in my state. I lost my son last year and he is co-defendant too due to automobile accident and I am so deep in the darkside and I could not thinking straight at all. Now, I am waking up and ready to fight whatever it cost to get my life back from before. Thanks
Denver County of Colorado
I am going to call him and set up an appt. to go over everything. I hope everything is going to work out very well. Thanks for your professional opinion and kindness
Well, He did not does criminal malpractice at all. I am still looking for one if you come across and let me know right away. even out of state.Thanks
well, i have no luck to find one either and can you find one for me.
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