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Giving Up Too Much?

By Melody Evans and Kirk Redmond

This is not so much a law topic as strategy session. With the advent of Gall and Kimbrough, this is the question: when should we use written plea agreements? Given all the concessions that the prosecution demands on guideline sentences and appeal waivers, the benefit to our clients is often negligible. Certainly, if there is charge bargaining to be had, such as phone counts or an ITAR, or if an 851 is not filed, a written plea agreement may be well worth it.But, given the state of the law, it seems that we should give much more consideration to pleading blind (without a written formal agreement).For one, the prosecution will often still dismiss other counts in return for the plea, without any formal agreement. And even if they don't, it often doesn't make much difference if they are insisting on the "most serious provable offense charged...continue to full post

Full post as published by Kansas Federal Defender on April 10, 2008 (boomark / email).