Supreme Court issues important plea-bargaining decision

Many cases are resolved with a plea bargain long before they ever reach the courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by possibly allowing them to serve a lesser sentence than what the state would ask for during trial. However, a plea bargain can only be effective if the defendant is aware that this is an option in the first place.

In a 5-4 decision, the Supreme Court ruled that defense lawyers must inform their clients of any plea offers and give competent advice about whether to accept them. Post #2 criminal image 6.7.12.jpgTo do otherwise would violate the 6th Amendment right to effective assistance of counsel.

The two cases before the court involved a man in Missouri who pleaded guilty to driving without a license, and a Michigan man who was convicted of assault and attempted murder after following his attorney’s advice and rejecting a plea bargain.

In the Missouri case, Galin Edward Frye was arrested for driving without a license for the fourth time, which in that state is a felony. The prosecutor offered two deals, including one that involved pleading to a misdemeanor and a three month recommended sentence. Frye’s attorney never told him about the offer and this ultimately led to him entering a guilty plea and getting a three-year sentence.

In the Michigan case, Anthony Cooper repeatedly shot a woman and was charged with four counts, including assault with attempt to murder. The prosecutors offered a plea deal where two of the charges would be dropped and Cooper would serve a maximum of 85 months in prison. Due to advice from his attorney, Cooper rejected the deal and was sentenced to a maximum of 30 years in prison.

In the majority opinion, Justice Kennedy wrote:

This court now holds that, as a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused…when the defense counsel allowed the offer to expire without advising the defendant or allowing him to consider it, defense counsel did not render the effective assistance the Constitution requires.

Justice Scalia dissented, claiming that the decision was “absurd” and that courts would be inundated with criminals making claims about how their plea bargain rights were violated. He also noted that it was unfair that prosecutors were being punished with extra work due to the errors of defense counsel. In his own dissent, Justice Alito also worried about “[expenditures] of scarce prosecutorial or judicial resources.”

Both cases will be sent back down to the lower courts for further review. It remains to be seen if this “flood of claims regarding the violation of plea bargain rights” feared by some justices will actually come true.

If you or someone you know would like to speak to a Charlotte criminal defense attorney about any criminal matter, please do not hesitate to call the attorneys at Arnold & Smith, PLLC . They will provide you with the best possible defense and will work hard on your behalf. Call today for a free consultation at 1-704-370-2828.

Supreme Court expands plea bargain rights of criminal defendants,” by The Associated Press, published at

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