Q: An inmate in the county jail Yakima Washington wants me to be his POA to negotiate a plea bargain for him
His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I in turn will consult with a criminal attorney as I do the negotiating. If a better plea cannot be agreed upon, I will hire a criminal defense lawyer to take it to trial. This is an attempt to save the expense of going to trial for the court and myself who will sell my home to defend him. His request to a judge for a different assigned counsel was denied.
A:
It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a POA is actually a licensed attorney.
With that said an experienced criminal defense attorney knows what is necessary for the State to potential win at trial and what the possible solutions would be for different charges. Please do yourself a favor and hire an experienced criminal defense attorney NOW to deal with these matters.
One other note: I don't know what the counteroffer issue was that you claim wasn't delivered to the State in time but if the prosecutor is set with his/her thoughts on the cases already maybe there isn't any negotiations available anymore and the defendant will have to have trials on all of the charges from before and the other charges the State said they would add. Good Luck
A: I agree with Mr. Earl. I will add that there is a good possibility that a non-attorney would unknowingly do something or say something that would make matters worse for the defendant. These are very delicate situations. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
