More (Was Re: Naughty Journal Author Denied Plea Change)

jamesd at echeque.com jamesd at echeque.com
Sun Sep 9 23:03:30 PDT 2001


    --
On 9 Sep 2001, at 17:35, Matthew Gaylor wrote:
> If Brian Dalton hopes to have his conviction for pandering 
> obscenity thrown out, his new attorneys will have to prove he 
> received poor legal counsel. But the attorney who represented 
> Dalton said that wasn't the case. "With all the facts that I 
> know, I believe he was effectively represented,'' said Isabella 
> Dixon, Dalton's original attorney.

If your lawyer advises you to plead guilty without a plea bargain
in place with a known penalty. or the charge bargained down to
something with a small maximum penalty, that advice is so bad as
suggest some conflict of interest or impropriety on the part of
lawyer giving the advice.  One would expect such advice from a
court appointed lawyer who is taking his orders from the
prosecution.  Even if you are guilty as hell and they will have
no difficulty proving it, you can bargain something out of them
by threatening to put them to the trouble of actually proving it.

Even if what Isabella Dixon says was true, it would still be a
shocking impropriety for her to say it, since she is trying to
influence the case in the direction of keeping her client in
jail.  The very fact that she is saying it suggests that it is
not true.

    --digsig
         James A. Donald
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