Question
Background: Jack Bryson was originally a client of Anthony Blanton, Mr. Blanton has recently passed the Maryland bar and was sworn in by the Maryland
Background: Jack Bryson was originally a client of Anthony Blanton, Mr. Blanton has recently passed the Maryland bar and was sworn in by the Maryland Court of Appeals. He is currently working at another law firm. This morning Holland informed you the he was contacted by Anthony last evening. It seems the prosecutor in this case, Deborah Bell, is open to a negotiated plea rather than full criminal trial. Mr. Blanton was seeking some direction as to his responsibilities to his client Jack Bryson.
Holland asks you to prepare a briefing paper for Mr. Blanton, outlining briefly his role in a criminal plea negotiation. For clarity, Holland wants you to include the role of Ms. Bell as well as any part Jack Bryson will play in this process. You should also identify any legal or professional restraints on the attorneys on this case.
The facts follow:
Acting on a tip from a government informant, agents from the Federal Bureau of Investigation ("FBI") sought a warrant from a Federal magistrate to search the property (actually a 20 acre estate) of Jack and Wanda Bryson. The informant told the FBI that the Bryson's were heavily armed with an arsenal of various weapons in their primary house on the estate. The informant also told the FBI that the Bryson's were storing several hundred thousand dollars worth of illegal drugs in a detached pool house on their property.
The FBI assigned a four-agent team and a supervisor to execute the search warrant. As soon as the agents announced themselves and showed Jack the warrant, he ran. He went out the back door and across the back of the property in the general direction of the pool house with the agents chasing him. The agents caught up with Jack in the back yard of his home. Jack fell after running less than 50 yards when the agents surrounded him. They did not draw their weapons, but stood over him in an intimidating manner with their hands on their weapons. When the agents' team supervisor asked Jack for his name, Jack said "Yeah, I'm Jack Bryson. Don't tear up my place. The drugs are in a cabinet in the pool house over there." The agents did not at any time give Jack aMirandawarning. WandaBryson was not at home.
Question:
What, in detail, are the respective roles of the prosecutor, defense attorney and defendant in a criminal plea negotiation?
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