Legal Question in Criminal Law in Iowa
Stipulations?
In a federal criminal case can an attorney sign a stipulation without the knowledge or consent of his client? We didn't know of such a stipulation until after the trial and read on the docket about it, and feel what was stipulated was adverse to our defense.
Asked on 5/18/09, 1:20 pm
1 Answer from Attorneys
Todd Miler
Miler Law Firm
Re: Stipulations?
It depends. Attorneys have authority to do certain things without the knowledge or consent of the client in a criminal case if the issue pertains to a procedural matter. The defendant, however, has to consent to most other things, such as whether to assert an affirmative defense or to plead guilty.
Answered on 5/18/09, 1:24 pm
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