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An attorney represented a defendant who was facing criminal charges for violating a newly enacted statute. The statute that made certain activities that had previously
An attorney represented a defendant who was facing criminal charges for violating a newly enacted statute. The statute that made certain activities that had previously been minor misdemeanors into felonies. The district attorney handling the case spoke to the defendant's attorney, explaining that this was an important test case of a new statute, so the D.A.'s office was seeking the maximum penalty. The state did, however, offer a reduced sentence if the defendant would plead guilty, but this would still carry three years of jail time. Outraged, the attorney shouted that this had always been a misdemeanor charge in the past, which carried no jail time at all, and ended the conversation abruptly at that point. Without mentioning the conversation to the defendant, the attorney drafted an impassioned motion to dismiss the charges and filed it with the court. The attorney had a reasonable belief that his motion could be successful, though it was far from certain. The judge agreed with the attorney and granted the motion, dismissing all the charges against the attorney's client. Were the attorney's actions permissible under the Model Rules? a. Yes, the dismissal of the charges in this case meant that the client was far better off than if he had considered the plea bargain offered by the prosecutor. b. Yes, the attorney would still have a chance to tell the client about the proffered plea if the judge had not granted the motion to dismiss. c. No, a defense lawyer who receives a prof
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