Plea Bargaining
Virginia Bar Says that Prosecutor Cannot Demand Waiver of IAC or Post-Conviction Challenges as a Condition of a Plea Agreement
Aug/02/11 08:51
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!
Oct/14/09 11:48
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.
