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Plea Agreement in International Drug Smuggling Cases Better Be International

Because the barriers of entry to practice criminal law are low, you often see a lot of hacks practicing criminal law.  You see a lot of malpractice.  Usually, you feel sorry for the client.  "How could the lawyer have been so incompetent?"  Sometimes, though, you read a case that scares you.  Criminal law traps even the diligent.In McKnight v. Torres (here) the prisoner smuggled drugs from France to the United States.  The United States gave McKnight use immunity for his statements.  McKnight's lawyer, however, forgot to insert an important provision in the agreement:The government made no use of McKnight?s proffer statements in his criminal trial, which resulted in a hung jury. The grand jury subsequently issued a superseding indictment, pursuant to which McKnight pled guilty to seven counts and was sentenced to 100 months in prison...continue to full post

Full post as published by Crime & Federalism on April 20, 2009 (boomark / email).