Plea Bargaining with the Judge
The case is ready for trial and all parties are present. From the bench, the judge makes a final attempt to resolve the case by saying “if we need to […]
August 24, 2015
Challenging a Plea
Suppose that after judgment is entered a defendant wants to challenge a plea. Maybe he alleges that the plea wasn’t knowing and voluntary. Or maybe he claims that the judge […]
August 12, 2015
Breach of a Plea Agreement
Once a plea is entered pursuant to a plea agreement, the parties are bound by the agreement and failure to comply with it constitutes a breach. Occasionally questions arise about […]
August 4, 2015
Buyer’s Remorse: Withdrawing from a Plea Agreement
Sometimes a party to a plea agreement has buyer’s remorse and wants to get out of the deal. The standard for evaluating such a request varies, depending on when the […]
July 27, 2015
Plea Bargaining: What Can and Can’t Be on the Table?
Can a prosecutor threaten more serious charges if the defendant refuses to agree to a plea bargain? Can a plea bargain include a promise by the State to be more […]
March 26, 2012
Ineffective Assistance and Plea Bargaining
The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in […]
March 5, 2012
“Show Me the Money”: Specific Performance of a Plea Agreement
Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters […]
November 2, 2011
Ineffective Assistance in Plea Bargaining?
On Halloween, I was dressed up as a sheep, trick or treating with my daughter, Little Bo Peep. Fortunately, serious legal business was being conducted elsewhere: the Supreme Court heard […]
December 8, 2010
Sex Offender Registration as a Bargaining Chip
I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been […]
April 7, 2010
Restitution to Victims of Unconvicted Conduct
Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]
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