At the end of the day, the defendant is almost always the one to make the decision, even while your criminal defense lawyer will probably have an opinion on whether you want to take your criminal case to trial or accept a plea deal. Continue reading to learn more about this - and the exceptions. If you require a criminal defense lawyer, call Law Office of Michael L. Fell at (949) 585-9055.
What Takes Place When the Attorney and Defendant Disagree?
One of the most important decisions in criminal cases is whether to proceed to trial or accept a plea deal. In almost all situations, if the defendant and the attorney cannot come to an agreement, the attorney must act as the defendant's agent and carry out the defendant's instructions. The attorney may attempt to withdraw from the case if they really believe that doing so is not the best course of action, but they will need to be able to convince the judge of their justification.
There are some exceptions. For instance, the attorney is not required to follow the defendant's wishes if the decision is immoral or unlawful. For instance, if the defendant notified their lawyer where the evidence was and asked them to have it destroyed, the lawyer would not follow their instructions because it would be both unethical and illegal to do so.
Any Plea Agreement Offer Must Be Communicated by Attorneys
An attorney is legally bound to tell their clients of any offer of a plea bargain, just as they are required to proceed on with their client's requests. The attorney is also legally obligated to inform the prosecutor if their client has made a plea bargain offer. The information must be disclosed to each party, even if the lawyer thinks the offer is wholly implausible.
Is It Better to Plead or Go to Trial?
There is no simple answer to this question. In contrast to what is being provided as a plea deal, it mostly relies on the charge, the evidence, and the probable consequences. For instance, if a person is charged with a misdemeanor theft crime, there is substantial evidence, and the prosecutor offers a plea deal that does not entail jail time, it may be worthwhile to accept.
On the other hand, it might not be necessary to proceed to trial if there is little evidence or if the prosecution is providing a sentence that is virtually the same as what you would receive if you were found guilty by a jury.
You can depend on Law Office of Michael L. Fell to always give you a fair evaluation of your options when you engage with us. While the final decision is ultimately up to you, we'll make sure you're making an educated choice. Contact us right away at (949) 585-9055 to initiate the procedure.