Q: If a public defender offers a plea bargain at the sentencing hearing, is she/he required to explain the terms in detail?
Including that he/she has the right to a jury trial? Do they need to explain the consequences of a plea bargain vs. pleading not guilty, leading to a jury trial. If not explained fully, is this grounds for appeal by reason of Inaffective Assistance of Cousual?
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A:
A public defender is generally required to explain the terms of a plea bargain, including the right to a jury trial and the consequences of accepting the plea bargain versus pleading not guilty and proceeding to trial. Failure to fully explain these aspects could potentially constitute ineffective assistance of counsel and provide grounds for appeal.
Sincerely,
James L. Arrasmith
Founding Attorney and Chief Lawyer
The Law Offices of James L. Arrasmith
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