Supeme Court Extends Right to Counsel to Plea Bargains
The Supreme Court today ruled defendants have the right to effective assistance of counsel during plea bargain negotiations.
In Lafler, the court said where a defendant rejects a plea offer on the advice of counsel and proceeds to trial, in order to show counsel was ineffective,
[H]e must show that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the actual judgment and sentence imposed.
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