The United States Supreme Court recently issued two decisions that impact all Defendant's and criminal defense attorneys. In Missouri v. Frye and Lafler v. Cooper, the Court (in 5-4 decisions) determined that defendants in criminal cases have the right to effective representation of counsel, not only at the trial level, but in the plea bargaining process. Justice Kennedy noted that "[c]riminal justice today is for the most part a system of pleas, not a system of trials." Approximately 97 percent of Federal criminal cases are resolved by plea agreement and approximately 94 percent of all State cases end by plea agreement. .
Some, like Justice Antonin Scalia, believe that this decision is an expansion of constitutional protections, and as Justice Scalia noted "opens a whole new boutique of constitutional jurisprudence", something Justice Scalia deemed "plea-bargaining law."
It is my belief that my clients deserve effective representation in all phases of their case. Whether during pre-trial motions, negotiating a plea bargain, or at trial, effective, aggressive representation is necessary.
If you, or a family member, is charged with a criminal offense, such as Drunk Driving (DUI/OWI), Battery or Drug Crime, call me, Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer, at (260) 833-7249
