Plea Bargaining

Virginia Bar Says that Prosecutor Cannot Demand Waiver of IAC or Post-Conviction Challenges as a Condition of a Plea Agreement

The Virginia State Bar recently issued a Legal Ethics Opinion (LEO 1857) that addresses these issues by declaring it unethical for a defense attorney to recommend these provisions, and made it unethical for a prosecutor to require waivers of post-conviction challenges (e.g. 6.500 motions) or waivers of ineffective assistance of counsel challenges as a condition of a plea agreement.

Padilla v Kentucky: It is Looking Good!

Most states hold that a plea is not involuntary because an attorney fails to tell a criminal defendant about an important “collateral consequence” of a plea. Many of these consequences are very severe. An individuals’ plea could result in mandatory deportation, loss of a child, banishment from his own home, life registration requirements, or disqualification from many governmental programs. What happens, if the attorney gives affirmatively bad advice. In Padilla v Kentucky, the Court will consider this issue. In oral arguments before the Court, it appears that the Court may rule for the defendant.

Michigan Supreme Court Proposes Narrowing Judge's Involvement in Plea Bargains

War in the Macomb Circuit Court: Prosecutor Refuses to Offer Plea Bargains in Judge Biernat's Court