Current Events > If your lawyer advises you to take a plea bargain, can you decline?

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IdiotMachine
08/19/17 10:42:08 PM
#1:


Can you decline that advice and just keep going with the trial? Will the lawyer stop representing you in this case?
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Dash_Harber
08/19/17 10:47:06 PM
#2:


I believe it is up to you, since you can actually seek different counsel if you feel your lawyer is not properly representing you IIRC. I'm by no means an expert, though (or even a novice).
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iron jojo
08/19/17 10:47:29 PM
#3:


Yes.
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Crazyman93
08/19/17 10:49:14 PM
#4:


You can, but ignoring your lawyer's advice is the second dumbest thing you can do in legal matters.
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GeneralZhao
08/19/17 10:49:47 PM
#5:


iron jojo posted...
Yes.


Also whether the lawyer stops representing you is up to themselves
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TheDarkCircle
08/19/17 10:49:50 PM
#6:


watch People Vs. OJ Simpson
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Dash_Harber
08/19/17 10:51:04 PM
#7:


GeneralZhao posted...
iron jojo posted...
Yes.


Also whether the lawyer stops representing you is up to themselves


I thought that a lawyer who stopped representing their client mid-trial could face possible disbarment depending on the reason, no?
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gunplagirl
08/19/17 10:54:47 PM
#8:


Dash_Harber posted...
GeneralZhao posted...
iron jojo posted...
Yes.


Also whether the lawyer stops representing you is up to themselves


I thought that a lawyer who stopped representing their client mid-trial could face possible disbarment depending on the reason, no?

If the client is behaving in ways against their legal counsel and they have no faith that their service is having a positive impact upon their client they generally at least avoid any penalty. Though, the judge also will usually not grant them permission to be relieved.

As far as just the act of taking a plea bargain, the lawyer would always be required to state to the judge the terms of it and that they (strongly) advised their client to take it, and thus it helps relieve the negative impact upon their record should it go to trial. Well, depending on the severity of the crime that is.

Basically, kinda?
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Dash_Harber
08/19/17 10:56:03 PM
#9:


gunplagirl posted...
Dash_Harber posted...
GeneralZhao posted...
iron jojo posted...
Yes.


Also whether the lawyer stops representing you is up to themselves


I thought that a lawyer who stopped representing their client mid-trial could face possible disbarment depending on the reason, no?

If the client is behaving in ways against their legal counsel and they have no faith that their service is having a positive impact upon their client they generally at least avoid any penalty. Though, the judge also will usually not grant them permission to be relieved.

As far as just the act of taking a plea bargain, the lawyer would always be required to state to the judge the terms of it and that they (strongly) advised their client to take it, and thus it helps relieve the negative impact upon their record should it go to trial. Well, depending on the severity of the crime that is.

Basically, kinda?


Law es hard.

But thanks, for (sorta) clearing that up.
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Crazyman93
08/19/17 11:00:54 PM
#10:


Dash_Harber posted...
Law es hard.

VERY!

It's worse if you're a lawyer in Louisiana I imagine. The state law is based off of French Law, but Federal Law is based off English Common Law like the entire rest of the US States.
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Dash_Harber
08/19/17 11:11:00 PM
#11:


Crazyman93 posted...
Dash_Harber posted...
Law es hard.

VERY!

It's worse if you're a lawyer in Louisiana I imagine. The state law is based off of French Law, but Federal Law is based off English Common Law like the entire rest of the US States.


IIRC, Canada is like that too. The minute you cross the border into Quebec, the English common law is superseded by French law. Must make cross border cases a spectacular pain in the ass.

I'm sure that even the things you guys already explained don't apply everywhere, too, since every state/province/territory has its own particular idiosyncrasies.
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