Sentencing, Plea Bargains is it ok for an attorney to advise to plead guilty if his client says hes innocent

[Royj]

brother-in-law was arrested about a year ago for 2 charges of sexualassualt of a child, and 2 charge of sexual with a child. He Spent quite a bit of money on a hired attorney. He maintained his innocence the whole way. The girl who said he molested her is well into her late twentys now. She said this stuff occured over twenty ago, She also said ne of the incidents with which he was charged happened at a residence that my brother-in-law and my sister lived in in another town. They never even lived there!. When they got to court the last time ,his lawyer who evidently did not believe my brother-in-law was not guilty, told him that heould not in good faith advise richard to do anything other than plea bargain, He convinced my sister and him that he would get life in prison for sure because that was what almost always happened in this county in these type of cases. To make matters worse he told him that if he did not plea on that last court appearance that he was going to be facing more charges which he was not going to be able to afford bail. SO he plead guilty on the advise of his lawyer, "his attorney strongly advised him to do this even though he had claimed to be innocent the whole time" Is this ethical for someones lawyer to advise a client to plead guilty when he is maintaining his innocence? Richard was only on probation for a couple of months before they revoked his probation and gave him 4 20 year sentences because he failed a polygragh. He said they told him how he had to answer the questions before he was even asked. He said that he would not lie and the answer they demanded on 2 or 3 of the questions would have been. I believe that it was very wrong on the part of his lawyer to put that kind of pressure on him with out allowing for anything else but a plea bargain. All who no him believe he is not guilty. Is there any possible help for him? He would have gone to trial if not for the lawyers pressure on him

 

[Duranie]

If your brother in law does not like his attorney he is free to fire him and get another one.

I am not an attorney but if the attorney is urging him to plead guilty to avoid a trial and long sentence, i am thinking there must be some evidence against him.

By the way, most people plead innocent at first but we all know that people do not tell the truth and it is up to a judge and a jury to determine who is being truthful. If everyone told the truth there would be no need for a criminal court system.

There is really nothing you can do but if he is not satisfied with his council, he is free to retain another lawyer.

Attorney's do not have the power to get charges dropped, that is up to the DA.

Sex crimes though are very touchy and it is a huge risk to take it to trial even if the person is adament they did not commit any crime.

 

[Scooterdog]

Why would the sentence be any harsher if you plead not guilty and go to trial? That doesn't make any sense at all.

They make plea bargians because they don't have a case. Of course, they tell you they do, but since EVERY public servant lies, I would always go before a jury and let them decide.

If everyone faught the case, the system would collaps once and for all. Damn judicial terrorism is all that it is. They lie, destroy or fabricate evidence all the damn time. Having a lawyer only makes things worse, as a shyster never listens to the client, they can't and here's why:

Order to which lawyers answer:

1st-The Bar

2nd-The "court" aka lawyer playing judge

3rd-to the public

4th-to the client.

It's never in the top 3's best interest for you to ever win a case, so #4 does not apply to reality. Think about it next time you have a thieving shyster stealing your money, making decisions that go against your best interests.