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Richard Arnold Cook

Richard Cook’s Answers

1 total

  • Is there an attorney out there willing to file a Motion to Withdraw Plea Agreement for my son?

    I need an attorney who would be willing to file a Motion to Withdraw Plea Agreement ASAP. My son had little, to no, legal advice and was never allowed to review the evidence against him. He was never even told he had the right to do so. He signe...

    Richard’s Answer

    I agree with the points made in the above response.

    Usually, the court will carefully cover a defendant's constitutional rights and obtain a waiver of those rights orally and in writing before proceeding with the taking of a guilty plea. Once this is done, the Court will ask for a "factual basis" for the guilty plea and essentially have the defendant while under oath testify and establish with the aid of the prosecution what he did which makes him guilty of the crime charged. If you have not done so, you should try and see if your son's attorney will support the petition to withdraw the guilty plea. If he won't, I would make sure I fully understand why he won't.

    A plea agreement can be a good way to limit the risks of proceeding forward to a trial. The plea agreement can limit the sentence imposed and/or reduce the charge to a lesser crime. You need to weigh the potential risks and rewards of accepting a plea agreement versus going to trial. When you proceed to trial you could have a greater sentence imposed than the one available under the plea agreement. You also rub the judge's nose in all of the adverse evidence against your son. This typicaly results in a greater sentence being imposed after a trial than if there had beeen no trial. It is a serious decision.

    You should weigh all of this before acting. Your son's attorney may have had very good reasons for taking a plea offer versus going through a trial. If your son is still represented by the attorney who handled at the guilty plea, your son should obtain his approval to speak with other attorneys before moving forward to avoid any ethical issues. Good luck.

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