Q: My husband is being forced into signing a plea for fifteen years upon our current attorneys advise. I sought advise from another attorney who looked over the case and said the deal is bad and that we should file a motion for a rule three does anyone know what this means?
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . If your husband is being forced then the court will not accept his plea. A plea must be freely, intelligently and voluntarily given or it cannot be accepted.
If you put 5 lawyers in a room and ask 1 question you might get 5 answers. The lawyer who is most intimate with the case probably knows best. Still you are free to shop around, consult and seek to discharge and hire new counsel.
I cannot tell from your proffer but if it is a federal matter then time is of the essence (federal judges don't delay cases and won't give you a fraction of the wiggle room that you enjoy in state court).
If it's a federal case then I think you may mean a Rule 35 (which is a post-conviction reduction for cooperation) and if it is a state case then a Rule 3 refers to post-conviction relief for ineffective assistance of counsel; but in either event your husband will have to first be convicted and sentenced before he can file.
No one should ever enter a plea to a case unless they are either a) guilty and are getting a benefit for doing so or b) simply unwilling to roll the dice and face the potential consequence of losing (which is always a possibility in criminal court).
My advise: Straighten out your lawyer issues stat. Your husband needs to be represented by someone whom he unequivocally trusts with his life.
I hope that I have been helpful in answering your question.
If you put 5 lawyers in a room and ask 1 question you might get 5 answers. The lawyer who is most intimate with the case probably knows best. Still you are free to shop around, consult and seek to discharge and hire new counsel.
I cannot tell from your proffer but if it is a federal matter then time is of the essence (federal judges don't delay cases and won't give you a fraction of the wiggle room that you enjoy in state court).
If it's a federal case then I think you may mean a Rule 35 (which is a post-conviction reduction for cooperation) and if it is a state case then a Rule 3 refers to post-conviction relief for ineffective assistance of counsel; but in either event your husband will have to first be convicted and sentenced before he can file.
No one should ever enter a plea to a case unless they are either a) guilty and are getting a benefit for doing so or b) simply unwilling to roll the dice and face the potential consequence of losing (which is always a possibility in criminal court).
My advise: Straighten out your lawyer issues stat. Your husband needs to be represented by someone whom he unequivocally trusts with his life.
I hope that I have been helpful in answering your question.
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