Defendants might find themselves standing at a crossroads when they have to decide if they should proceed to trial or not. At this point, regardless of the attorney’s belief, it’s the defendant that gets the final say in the matter. As long as the defendant’s decision is ethical and legal, the attorney has to act as the defendant’s representative and carry out the defendant’s decision. Otherwise the attorney can withdraw from the case with the judge’s permission.
However, the defendants must bring into consideration the advice from their lawyer. They should put in effort to understand what’s suggested for them by asking questions. Before reaching to a decision, they should know why their legal counsellor thinks that their advice is in the best interest for them.
In this case as well, the defendants have the right to choose if they’re going to accept an offer or go ahead to trial.
The Attorney’s Role
When dealing with plea bargains, the defense attorney’s play a crucial role. If the defendant offers a plea bargain, the lawyer is supposed to communicate it to the prosecutor. Also, present the prosecutors offer to the defendant. The defense attorney is supposed to convey the pleas, regardless of their own belief, on whether the plea will be rejected or accepted by either their client or prosecutor.
Decision to Plead
The defendant before making any important decision should be presented with the different alternatives that they’ve at hand. And for each of their options, what could likely be the consequences, according to their attorney’s prediction.
They should be able to figure out at least three possibilities, plead guilty now, plead guilty later, or refuse to plead guilty and go to trial.The defendant should ask if it’s more likely that if they plead guilty closer to the trial, they’ll be able to get a better deal. Or in case of a trial, if they get convicted what could be the sentence they’ll receive. Or what could be the better option for their future, to settle for the offer they’ve received or to get convicted for what they’re being charged for.
However, the defendants shouldn’t expect that they’ll get accurate information about the consequences on the possible options. But the attorney must give all available information on the possible consequences of the different options. Facilitating the defendant to make the best decision in that situation. Lawyers are obligated professional to provide candid advice based on their professional experience and not something just to please their clients.
Is the Lawyer Free to Withdraw from the Case?
It could happen that the attorney and the defendant have extremely contrasting views and don’t tend to come to terms with each other. So, the lawyer might be unable to successfully execute the defendants chosen strategy. In such cases, the lawyer can try to withdraw as the legal counsel, or the defendant can try to get another lawyer for themselves. In both cases, the permission will be granted only if either the proceedings are being pointlessly deferred or disrupted or if the prosecutor will be prejudiced.
For assistance with your legal matter, please contact Criminal Defense Attorney Carlos Gonzalez (786) 358-6888