Does a defense counsel have to give the client the benefit of counsel's professional advice on whether to plead guilty?

MultiRegion, United States of America

The following excerpt is from Purdy v. U.S., 208 F.3d 41 (2nd Cir. 1999):

On the one hand, defense counsel "'must give the client the benefit of counsel's professional advice on this crucial decision'" of whether to plead guilty. Boria v. Keane, 99 F.3d 492, 497 (2d Cir. 1996)

Page 45

Other Questions


Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Does the Rogers Rule apply to a defendant who has pleaded guilty to a similar charge but has pleaded not guilty to the same charge? ("New York", United States of America)
What is the test for habeas when a defendant pleads guilty on advice of counsel? (MultiRegion, United States of America)
Is there any case law where a party has relied upon the advice of counsel as a defense in a claim of privilege? (MultiRegion, United States of America)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
What is the test for determining whether a defendant would have pleaded a different way of pleading? (MultiRegion, United States of America)
When will a judge order a mental competency examination to determine whether a defendant is competent to plead guilty? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to plead guilty under Rule 11 of the Criminal Code? (MultiRegion, United States of America)
Is denial precludes defense in a motion where the question is whether denial preaches defense? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.