I am writing this blog to bring attention to some matters that are important to anyone who has an attorney or who is in need of an attorney – although today’s blog will examine the criminal aspects of law. ASK QUESTIONS. I cannot stress this enough! I got a call this morning from a lady whose family member accepted a plea deal and was sentenced to life in prison. There are several issues with accepting a plea of this magnitude when the charges are Robbery I and Attempted Murder, as you will see below. It appears according to the inmate’s family that it was a blind plea – in a blind plea, it is within the judge’s discretion to sentence you to a particular term (depending upon the guidelines which offer a range of punishment for that particular crime(s) and taking the Habitual Felony Offender Act into account) and you do not know what you will be sentenced to until after you plead guilty (in general, but you need to have an idea of the range of punishment, and that particular judge’s sentencing habits in such matters). In this person’s case, from what the family and inmate was told, he was not told that he was facing Life with the possibility of Parole as a possible sentence. It also does not appear that he was told of his rights to appeal within 42 days.
This is why I encourage everyone to QUESTION YOUR LAWYER. Not only that, question the Court. Make sure that you are fully informed so you can make a decision that will impact you and your family. Make sure your attorney is honest and upfront about the possible ranges of punishment you face; that the Court has told you the possible ranges of punishment PRIOR to you pleading GUILTY (if that is what you choose to do). Make sure your attorney reviews and explains the details of the sentencing guidelines to you; I also show client’s their sentencing worksheets; we review the pre-sentence report in detail AT LEAST TWO WEEKS PRIOR to sentencing or plea (depending upon the appropriate timeframe) so we can make objections if necessary. Ultimately, it is up to the Client to decide what is best for them. In order to decide what is best for them, they need to QUESTION THEIR LAWYER. QUESTION THE COURT – especially if it is something they do not understand – as they do not understand legal jargon…that is why lawyer’s go to school- to understand the system, the legal language and the Court. Sample Plea Colloquy
Also, in today’s phone call, it appears the attorney that represented this lady’s loved one incorrectly stated the amount of time he would have to serve before becoming eligible for parole. This is something that is so simple, has a major impact on a person (in this person’s case, whether to take a particular offer or not take one) and can be avoided if the attorney takes the time to PROPERLY READ AND UNDERSTAND ALL THE RULES! As you can tell, I feel bad for this person and his family. THERE IS NO EXCUSE AS TO WHY THE ATTORNEY DID NOT PROPERLY UNDERSTAND THE RULES AND INFORM THEIR CLIENT…THAT IS THEIR JOB! They hired an attorney who did not adequately inform them to their detriment! In cases such as Attempted Murder, Murder, Kidnapping, Rape, Robbery (with serious physical injury), etc. the inmate must serve 85% of their total sentence of 15 years, whichever is LESS prior to becoming eligible for parole. This attorney apparently did not read the rules all the way down and assumed that 10 years was controlling, and this simply is not the case. This is where it helps to have someone experienced in both criminal and pardon and parole matters to adequately inform and assist their clients properly. This can be invaluable when your freedom is at stake as well as how many years you have to serve before you can try to exercise your freedom in society. When Am I Eligible For Parole?
IF YOU NEED ASSISTANCE WITH A CRIMINAL MATTER OR PARDON/PAROLE MATTER, CALL ME TODAY 251-943-4870
