If a defendant has a lawyer who cannot or does not provide accurate information or advice, the defendant has the right to demonstrate that he or she would have accepted the initial plea deal if given adequate counseling. I personally think this is a fair and just ruling. Although the NPR story highlights only two cases, I'm sure that inappropriate advice is given to many people across the country every day. If you cannot rely on your appointed/hired defense attorney to give you sound and accurate advice, how can you handle your case? Most people are not familiar enough with the intricacies of the law to make an informed decision about whether to go to court or accept a plea deal. It may be difficult to get around people who were "rolling the dice" going to trial and now want the initial plea deal because they are not satisfied with the outcome of the trial. This could be avoided by ensuring that all plea agreements are presented in writing or at a public hearing on the record, so that we can be sure that the defendant is aware of the agreement and understands its terms and conditions. If a defendant decides to go to court, they should sign a copy of all plea deals offered, so they know that these deals will be off the table unless they can prove some sort of negligence on their part.
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