Your Constitutional Right to Effective Plea Bargaining

April 5, 2012 · by rosenblumlawfirm · in

Your Constitutional Right to Effective Plea Bargaining

According to the United States Supreme Court, criminal defendants who turn down plea bargains due to their lawyer’s ineffective assistance of counsel can now try to have their subsequent, harsher sentences overturned.

This means that if you were charged with a crime, you now have a constitutional right to have your attorney communicate all formal offers to enter into favorable plea agreements. If an attorney fails to let you know of the offer, he is violating your right to effective assistance of counsel.

The Supreme Court also explained that if an attorney wrongly advises you that the prosecution will not be able to establish a pivotal aspect of its case (like intent to commit the crime), then this too will be grounds for overturning your sentence.

This new rule has groundbreaking implications for all criminal defendants who are charged with crimes in New York and the entire nation. Essentially, any attorney errors that are made before trial now automatically implicate your Sixth Amendment right to effective counsel.

In order to get your conviction overturned, you must be able to prove that you would have accepted the plea bargain if it were not for the attorney’s ineffective assistance, the prosecutor would have adhered to the deal, and the judge would have accepted it.

Since 95% of criminal convictions result from accepting guilty pleas, and only 5% of criminal cases actually go to trial, this new ruling helps ensure that criminal defendants will have competent and diligent counsel during these ever-important plea negotiations. This should allow for any criminal defendant to breathe a sigh of relief and have more faith in the criminal justice system.

If you or someone else you know was charged with a crime, contact the Rosenblum Law Firm. With Adam H. Rosenblum at the helm, you will be getting a competent and experienced attorney who will be ready to defend all aspects of your legal rights.

The Constitutional Right to Effective Plea Bargaining

Constitutional Right to Effective Plea Bargaining


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