Legal Question in Criminal Law in Michigan
legal malpractice
my brothers attorney accepted a plea without his consent and even prio to a meeting with him to discuss the plea offer. my brother then expressed his disatisfaction of the plea agreement and made some requested changes to the offer before he would ccept the plea. His attorney never mentioned to him at this meeting that he had already accepted the plea 2 days earlier even after my brother had stated he would not accept the plea as offered. They just received a notice to appear to accept plea from the court, which is how they were informed a plea had been entered, and now their attorney says just show up. Is this not an ethical violation?
3 Answers from Attorneys
Re: legal malpractice
It might be if you have all the facts correct.
Re: legal malpractice
Your brother is not bound by a plea agreement unless its in writing in a federal court.
If he doesn't like the agreement to plea, he can always back out and go to trial - untill he actually pleads guilty and the judge accepts the plea as "knowingly and freely given".
Malpractice is almost never an issue in criminal law.
Re: legal malpractice
Are you talking about a Michigan case? Because judges do not allow attorneys to enter pleas on behalf of clients for misdemeanors or felonies - only civil infractions (traffic tickets, etc.). So I'm a little confused as to how this could have happened.
In any event, if the lawyer did NOT have his client's permission to enter the plea, your brother can inform the prosecutor prior to sentencing, and work out a different plea bargain. I would suggest he retain a new attorney immediately to help sort this out, and put any discussions with his new lawyer in writing (such as what plea he would be willing to accept, etc), so he has proof in the event he needs it.
He should also put something in writing to his current lawyer expressing his dissatisfaction and complaints, so that the new lawyer can perhaps fix this mess for free.
Thanks.
Related Questions & Answers
-
Rent a center I bought some furniture fron rent a center in march 2007 I also got... Asked 7/30/08, 11:31 pm in United States Michigan Criminal Law
-
Ok... Is their anyway to get a felony to dont show on my record if its only been a... Asked 7/30/08, 12:24 am in United States Michigan Criminal Law
-
Felony Is their any way to have a felony off your record if its only been a year and... Asked 7/29/08, 10:18 pm in United States Michigan Criminal Law