Terra Bella, CA asked in Criminal Law, Constitutional Law and Federal Crimes for Idaho

Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

I am currently serving a 4 year prison term for Calif but requested extradition to Idaho for sentencing on additional charges under the Interstate Agreement on Detainers Act. After hiring my present attorney and being advised to waive the preliminary hearing to allow her extra time (3 weeks) to consult with prosecutors for a lenient sentence on my charges, ( which she admitted she had not discussed my case with prosecutors during that time I lost ) Here 4 months later the only resolution I have is...none. I am having to do research in the law library and print out similar case laws and facts to give the attorney at court as she states she will come to speak with me at the jail but never makes an appearance to discuss my cases or defense. I have yet to hear her strategy or game plan. I do not feel that I am being represented or counseled by this attorney and would like to make this known to the court if possible. I now fear that by waiving the prelim I lost most of my rights. Help.

1 Lawyer Answer

Kevin M Rogers

Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: RULE 1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

Commentary

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound, however, to press for every advantage that might be realized for a client. For example, a lawyer may have authority to exercise professional discretion in determining the means by which a matter should be pursued. Your attorney may be acting in your best interests by asking you to waive your Preliminary Hearing, I do the same thing frequently. However, communication with the clients is the most important thing we can do as attorneys.

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