In the Supreme Court case Missouri vs. Frye, the court created a general rule that holds that defense attorneys have the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused. Importantly, the defendant also has a right to a new hearing or the lower sentence if there is a “reasonable probability” the deal would have gone through had the defendant known of the offer. In basing their ruling, the court took inconsideration that 97 percent of federal and 94 percent of state convictions result from guilty pleas.
This illustrated that when one is accused with a crime, a competent and trustworthy attorney must look at all available options when legally representing a client in a criminal case. It is the attorney’s duty to analyze all of the evidence in the case and to make recommendations to the client whether this is a good case for trial or for a plea. Importantly, if a plea has been recommended by the prosecution to resolve the case favorably for the client, then that offer must be communicated.
At Gabriele Law Firm, we hold the principle that whether accepting a plea or going to trial is always up to the client. We will still perform due diligence in determining what is the best course of action to recommend to the client. Whether your case is resolved through a plea or goes to trial, Gabriele Law Firm will keep you informed with competent advice and will fight for your rights every step of the way.