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Earlier today, US Supreme Court Justice Kennedy said that criminal defense lawyers are now required to inform their clients of plea bargain offers, regardless of whether they think the client should accept them, and must give their clients good advice on whether to accept a plea bargain at all stages of prosecution. If they don’t, Kennedy said, they will run afoul of the Sixth Amendment right to assistance of counsel during criminal proceedings.
Clearly in Pollards case, the advice wasn’t good since life without parole is not much of a plea offer. Life without parole is sometimes referred to as “death by incarceration”.
1. I dunno that this means all prisoners in the country can now sue on these grounds.
2. He was advised as to the deal. The prosecutors broke the deal.
thats correct, all prisoners can now sue and request a new trial IF they can prove that their attorney did not inform them about a plea bargain.
pba- Is this pask ?? ????? ??
According to both Rule 11 C 1 A&C the Court may overrule prosecutor reccommendations and agreements. The Court is NOT bound by any brokered agreement.
Pollard was given a plea agreement which the Court overruled. The plea agreement stipulates that the Court ruling is unable to be appealed. The agreement means he pleaded guilty and is essentially at the mercy of the Court.
No lawyer is crazy enough to guarantee that the plea bargain will be 100% accepted by the Court. This is any competent lawyer uses “legaleze” to ensure the client understands that past success is no guarantee for results in the case at hand.
By all reports Pollard and the Feds came to a valid plea bargain. The prosecution did nothing to interfere or scuttle the deal. It was only through the personal intervention by an outside party made to the Court that caused the rejection of the agreement.
Therefore, the recent ruling has no bearing on Pollard’s case.
I beleive that the deal that Pollard agreed to was more like guilty for 10 years. The judge did not take the recommended sentence, just the guilty part and then slammed him with life. Judges are not required to accept a plea agreement. It is a recommendation by the prosecutor.
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