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Is it normal for a criminal lawyer to speak about a plea bargain b4 investing time in his client's criminal case?

Los Angeles, CA |

How much time does criminal lawyer need to read his client's case details with 2 criminal charges? A case that's fabricated with detailed/profound lies however,not fabricated well enough because it lacks physical and/or circumstantial evidence.Is a month or 2 to read and then how long does it take to prepare for the defense? Does the DA have to present/give any physical evidence to prove their case before b4 he/s make an offer? Is it the practice of all or some lawyers to take the money and take as many cases as possible and do a mediocre job? I thought a good lawyer is the one that brings a NOT GUILTY VERDICT OR/AND DROPPING SOME OR ALL CHARGES FOR A GUILTY DEFENDANT BUT NOT PLEA BARGAIN FOR AN INNOCENT CLIENT.Please tell me where I'm wrong for hiring lawyers ?

I guess the question was not clear enough.Is it normal for a lawyer to mention/speak of plea bargain when he has not asked DA to present the physical or any evidence of the accusations/charges because he has not spent time reading/investigating and preparing for the defense? Why would especially an innocent defendant hire and pay the full amount asked by the attorney in advance when the attorney is going to do what a public defender does for FREE (plea bargain)? Are the attorney's fees paid to the lawyer because he/she agrees to provide service or I should say excellent service as they all advertize and good service means spending time reading/investigating/communicating and preparing for the client's defense? Please correct me if I'm wrong! Thank you all.

Attorney Answers 7

Posted

You realize your asking a bunch of other lawyers to speak badly about your lawyer. The time an attorney spends on your case is a function of the complexity of the case and the wishes of the client and also the fees paid under the contract you signed. Every lawyer is different. If you are dissatisfied with your lawyer call someone else.

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Asker

Posted

how many lawyers do I have to fire and hire before I can find someone whose work ethics are higher? I just did that Mr Michaels! Also, I'm not asking other lawyers to speak badly indirectly about my lawyer! I just wanted to know wether the defendant's lawyer is obligated by law to ask the DA for the evidence of the charges before speaking of plea?Also,how long does it take for a lawyer to read his/her client's case details before mentioning any plea bargain?

Brian Russell Michaels

Brian Russell Michaels

Posted

Call me directly. Ill take the time your attorney has not and explain the process to you. Any time. Direct line 3109919179/

Brian Russell Michaels

Brian Russell Michaels

Posted

Thats a cell. 24/7

Posted

No. Hiring a lawyer does not automatically get you a not guilty verdict or dismissal. A good lawyer will conduct an investigation of the case and negotiate the best plea possible with the DA, short of going to trial. If you don't want the plea, take your chances at trial.

The lawyer you hired cannot guarantee a dismissal.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

It's not unusual for an attorney to begin working on a plea bargain early in the case. Most attorneys are adept at reviewing a case quickly and deciding which path is going to be best for the client i.e. plea bargain or trial. As the client, you have the final say on which path to take, but consider your attorney's advice very carefully.

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Anthony A Arzili

Anthony A Arzili

Posted

Mr. Harris is correct that its ultimately the client's choice. The one thing I would disagree with is that in Los Angeles we have "Early Disposition Courts" where felony matters receive "reduced" offers if they resolve before being dragged through many court appearances.

Posted

If the DA offers a plea, your attorney has an ethical obligation to communicate that offer to you. You are then free to say no. Many many clients claim to be innocent. That claim is of minimal importance to an attorney. What is important is the evidence and the lawyer's assessment of whether a jury will convict if presented with the evidence at trial. Even if you tell your lawyer you are going to trial no matter what, he still has an obligation to explore pleas with the DA and communicate to you any offers made. An attorney who simply says, "My client is innocent, this offer will be of no interest to him," is not a good attorney--even though you may feel great knowing that he is working hard for you.

This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

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Posted

how about an ethical obligation to fight for your client especially when you find out your client is innocent after you invest time to read/collect reports of the alleged victim/investigate the truth and then prepare for the defense.Isn't that an ethical obligation of any lawyer?I'm not a lawyer but my common sense tells me that speaking of a plea bargain to your client before you do your homework is unethical scheme to get rid of the case and especially when you don't want to make ennemies with DA according to the lawyer's statement.If the job of the defense lawyer causes enemies with DA's then may be it's time to change profession.Is it the lawyer's ethical obligation to demand the evidence from the DA?

Posted

Sometimes clients and lawyers do not communicate well together. Plea bargaining is not necessarily detrimental to your case. From the offers being made by the DA you can judge with perceived strength or weakness of the DA case. I say perceived because you can see if the DA feels weak or strong.

Sometimes if the DA feels strong and the facts are weak, then you know the DA is bluffing and isn't seeing the entire case. This means he or she will make mistakes in trial because they feel like they already one. On the other hand a low offer may indicate a DA who doesn't realize the strength of their case or they could be lazy and is trying to get rid of the case.

Hire someone else if you're not happy.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Posted

I empathize with your situation. It's a common pitfall for many clients and practitioners.
The main causes are:

1) a client that only hears what they want to hear when they consult with an attorney
and/or
2) an attorney that makes sweeping promises that he has business making, that mislead a client into expecting an outcome before the attorney has ever had a chance to know anything about the case.

Client's sometimes believe that simply hiring a private lawyer somehow guarantees them
a dismissal of the charges. Its a common misconception and I believe its our job as lawyers to educate them about the legal process. I find that when you sit down with a client and honestly talk about their situation and what you can reasonably expect ahead, they will have a much more realistic view of their case. Some attorneys believe in the hard sell. ("I'll get your case dropped, etc.") Just sign on the dotted line. That's a disservice to your client and to yourself. Not only can you not honestly guarantee anything, but now you have a walking time bomb of a client who will not be satisfied with anything BUT a dismissal.
I have my share of dismissals and not guilty verdict but I find that its always a labor of hard work, and I never promise anything but my best efforts.
As far as the asker's situation, I agree with my colleagues. If you are innocent, then you shouldn't have to accept a guilty plea. But your attorney is required to tell you if there is a plea bargain offer. Its up to you to take it or keep fighting the charges. Just because you paid a private attorney doesn't guarantee you a dismissal. Its akin to the Angels signing Albert Pujols. He doesn't guarantee a ring, just his best efforts.

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Posted

Mr Arzili, I genuinely appreciate the time you took to answer/comment on my questions about my brother's lawyer. You're speaking of BEST EFFORTS of a lawyer but I'm speaking of NO efforts of a lawyer who speaks of plea bargain before reading and investigating! How about NO plea bargain OFFERED yet by DA either? Doesn't the lawyer's ethical obligation is to fight for his/her client wether they are guilty or not? How about if the lawyer thinks/believes (according to the info from his client and the lack of avidence/fabricated stories from the alleged victim) his client is innocent; does he/she have a contract/ethical obligation to show his/her BEST not mediocre efforts in his/her client's case? The problem in this business is you pay for fish in the sea as far as I so far consider myself learning about the lawyers' business/not profession for a lot to be bluntly honest with Mr Arzili! Of course there is always exception to the rule. Thanks again, Sir!

Posted

I would agree with everything posted here, but would also like to add that an experienced attorney's opinion that a plea bargain may be in a client's best interest can be extremely valuable.

An inexperienced attorney may take a brief look at the facts of the case and decide that it is weak without realizing that certain kinds of evidence may be adduced at the trial making the prosecution's case much stronger. As a general rule, a plea bargain should leave the client better off than had they gone to trial and lost. An attorney's belief that a trial is not in someone's best interest because they would likely lose may save the client significant hardship.

SLG Criminal Law Group
515 South Flower Street
36th Floor
Los Angeles, CA 90071
213-236-3660

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Posted

the lawyer accepts plea when he/she knows that his/her client is guilty or not enough evidence for his/her innocence after reading and reading the details of the case. Thanks!

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