Salt Lake City, UT asked in Criminal Law for Utah

Q: If my Public Defender failed to inform me of a plea deal offer how can I avoid enhanced charges for lack of cooperation?

Apparently my PD failed to inform me of a plea deal offered some months ago. Now I'm facing possible enhanced charges for perceived lack of cooperation. What can I do?

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1 Lawyer Answer
Michael S. Edwards
Michael S. Edwards
  • Criminal Law Lawyer
  • Layton, UT
  • Licensed in Utah

A: I think the solution here is fairly simple. Your public defender needs to go to the prosecutor and explain that he/she failed to notify you of the plea offer (which it is their ethical obligation to do), and ask the prosecutor to give you another chance to accept the offer. If your public defender refuses to do this, I would recommend that you retain an attorney, and have the hired attorney make this explanation to the prosecutor. Then you might have a chance of getting dealt with fairly. Good luck!

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