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Question: Imagine you are a lawyer representing an undocumented immigrant charged with drug smuggling. You believe that he has been set up by the police.

12 Oct 2022,11:43 PM

 

Imagine you are a lawyer representing an undocumented immigrant charged with drug smuggling. You believe that he has been set up by the police. The prosecutor offered your client a plea deal with a punishment of 2 years in prison instead of the normal 10 years for the amount he was accused of smuggling if convicted by a jury. The evidence clearly did not reflect favorably on your client.
Would you advise your client to take the deal or insist on going to trial?
Discuss how prosecutorial and defense attorney use of discretion may influence your decision.

Expert answer

The evidence against your client is not particularly strong, but you believe that he has been set up by the police. Given the possible consequences of going to trial and the fact that your client would likely be deported even if he was acquitted, ...........

you are wondering whether you should advise him to take the plea deal or insist on going to trial. There is no easy answer to this question. On one hand, taking the plea deal would likely result in a shorter prison sentence for your client. On the other hand, going to trial would give him a chance to clear his name and avoid being deported.

 

Ultimately, the decision of whether to take the plea deal or go to trial is up to your client. However, you should discuss with him the possible consequences of each option so that he can make an informed decision.

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