Certainly in a felony case, a person needs to be aware of all options available to them and what the evidence is. The attorney should explain to their client what the possible outcomes of a trial could be, versus what the plea offer is. If the client still wants to pursue a trial, the attorney would then have an obligation to explain things further than they would for a misdemeanor charge.
The attorney might ask the client’s view on he or she envisions ending up with a not guilty verdict and from there they can discuss the possibilities. If the client still decides to go to trial, then that is the end of the discussion.
Felonies Need A Lot More Explanation Than Misdemeanors
As an attorney, we have to explain things in greater detail when it comes to felonies because many people have misconceptions about what happens during the trial process. They do not always understand what evidence can be used at trial and how they will tell their story to the jury.
For example, a person may think having a good work record might make a difference at trial; whereas the fact is that no, it would not. That information is inadmissible. With felony cases, we clearly have to not only discuss what evidence there is, but we also have to talk about why the client feels they would be found not guilty. This is why it is so important for the client to have all the information and to know their options.
For Misdemeanors, The Charges And Possible Plea Arrangements Would Need To Be Explained
It is also very important to explain things to clients in DUI misdemeanor cases as well, of course. This is the reason why as part of my practice when considering plea offers I send a letter in which I describe clearly what the plea offer is, sentencing range, etc. I also include what the charges are and what would be dismissed, so there are no potential misunderstandings.
I then go through any other collateral consequences and anything else that might affect him or her if they are found guilty, be it either with a plea or at trial. I want the client to be able to make a fully informed decision.
For example, let us suppose there is a client who needs to travel to Canada on a regular basis for work. A collateral consequence of taking a plea to a DUI as a misdemeanor is that they would not be able to enter the country for a number of years due to Canada’s strict laws. This is just one clear reason a client should have all information before making a decision on whether to take a plea or go to trial; so they can weigh all options.
I make sure my clients have all information, including police reports, necessary before deciding the next step.
We Provide Our Clients With All Evidence Including Witness Interviews
Additionally, it is also our practice to record witness interviews. I give the recording to my clients so they have that information and are able to factor that into the decision making process. I emphasize to my clients the fact that this is not my case; it is their case which is why they need all the information I can possibly give them in order for them to give informed consent.
We Discuss Possible Defenses With The Client
In the case of a felony, an attorney really needs to exercise their professional experience to help their clients make the right decision regarding these serious charges. We will talk through what the client thinks is the defense so that they did not make a foolish decision. We then move forward if it turns out that what they were saying was, a legitimate basis for going to trial. This guidance would be less so with misdemeanors but it is very important with felonies.
For more information on Why To Know All Options Before Deciding On A Trial, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling [number type=”1″] today.