Legal Question in Criminal Law in New York
plea bargain agreement
If an 18 year old person commits a felony and has a mental health issue that their doctor has stated may have had some cause for their behavior, should a signature from the client be accepted in the agreement if the client has the mind of a 13 year old and basically had no counsel until the day of court?
1 Answer from Attorneys
Re: plea bargain agreement
generally, there is no rea requirement that a person be mentaly the age they physically are, the level for legal competence is actually set very low.. you would have to have someone make the argument that he was not competent, did not have adequate representation, etc. the problem however is that in many circumstances when you sign a plea agreement you're theoretically waiving your right to appeal as there is no court decision any longer to appeal, and you would be bound by the courts rules on withdrawing a plea... if you'd like any further information please feel free to contact my office through email or directly at 2127098303
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