Q: is counsel for defendant required to discuss cases currently in pretrial diversion when negotiating plea deal?

A: In California, there is no explicit legal requirement for defense counsel to discuss cases currently in pretrial diversion when negotiating a plea deal. However, under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to effective assistance of counsel. This means that the defense attorney has a duty to provide competent representation and advice to their client.

When considering a plea deal, a competent defense attorney should discuss all potential consequences of accepting the plea, including any effects it may have on other pending cases, such as those in pretrial diversion. Failing to do so could potentially be considered ineffective assistance of counsel if it can be shown that:

1. The attorney's performance was deficient and fell below an objective standard of reasonableness; and

2. The deficient performance prejudiced the defendant, meaning there is a reasonable probability that, but for the attorney's errors, the result of the proceeding would have been different.

If the defense counsel did not consider or discuss the effect of pleading no contest on the other cases in pretrial diversion, and this failure resulted in prejudice to the defendant, there might be grounds for an ineffective assistance of counsel claim. However, the specific circumstances of the case would need to be evaluated to determine if such a claim would be viable.

It is important to note that this information is general in nature and does not constitute legal advice. If you have specific concerns about your case, it is best to consult with a qualified California criminal defense attorney who can review the details of your situation and provide tailored advice.