The United States Supreme Court, (Missouri v. Frye, No. 10-444); (Lafler v. Cooper, No. 10-209) in a split decision decided that criminal defendants have the constitutional right under the Sixth Amendment to the United States Constitution to have effective assistance of counsel during plea negotiations. The Court ruled that attorneys whom give bad legal advice to their clients during plea negotiations are ineffective and that the Courts are now required to take a more active role in plea negotiations.
The Court noted that nationally 94% of criminal defendants take a plea offer, and in federal court the number is 97% whom take pleas. Accordingly, the Court noted in reality the criminal justice system is not a system of trial but of pleas, and accordingly, one of the most crucial stages in criminal procedure is not trials, but plea negotiations and the plea bargaining system.
In Frye, the defendant was offered a 90 day jail sentence by the prosecutor for operating his motor vehicle without a driver’s license. Mr. Frye was not advised by his attorney of the plea offer, went to trial, was convicted and sentenced by the judge to three years in prison.
In Cooper the facts are even more bizarre in that the defense attorney advised his client that because he shot his victim four times below the waist that he could not be convicted of attempted murder. Because of the bad legal advice Mr. Cooper rejected the plea offer of between four and seven years and went to trial. Convicted a trial for attempted murder Mr. Cooper was sentenced to 15 to 30 years. The Supreme Court in Cooper held that the Mr. Cooper should be reoffered the plea that he was never advised about, and that if he accepts it, to be re-sentenced by the Judge.
Law Office of Vincent J. Sanzone, Jr.
A New Jersey Criminal Defense Attorney who has 21 years of experience and skill to fight for your acquittal, and achieve your not guilty verdict.
Tel. No. (908) 354-7006
Dated: March 22, 2012
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