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Blog · November 5, 2015

Should you Accept a Plea Deal that is not a “Good” Deal? ~ Chosen as “Best Answer” by Asker on www.AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

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
Locally licensed lawyer

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For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Best Answer
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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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 



Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


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