Can a prosecutor ask a defendant to plead guilty to a reduced charge of identity theft even against the advice of counsel?

California, United States of America


The following excerpt is from People v. Powers (In re Powers), A153361, A155225 (Cal. App. 2019):

Powers may have wanted to take the prosecutor's offer, even against the advice of counsel, because his overriding objective was his immediate release from custody to deal with medical issues pending sentencing in this and his other cases. Defense counsel could therefore have refrained from moving to reduce the identity theft charge because doing so could jeopardize or delay the plea negotiations, against her client's wishes. (See Florida v. Nixon (2004) 543 U.S. 175, 187 [the client, not the attorney, has the ultimate authority to decide whether to plead].) If so, there was no basis to assert that trial counsel's performance was constitutionally ineffective, and, by the same token, no grounds for a certificate of probable cause to appeal on that basis.

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