Background: Walter Brennon 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 Walter Brennon.

Holland asks you to compose 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 Walter Brennon will play in this process. You should also identify any legal or professional restraints on the attorneys on this case.

Facts: 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 Walter and Wanda Brennon. The informant told the FBI that the Brennons were heavily armed with an arsenal of various weapons in their primary house on the estate. The informant also told the FBI that the Brennons 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 Walter 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 Walter in the back yard of his home. Walter 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 Walter for his name, Walter said "Yeah, I'm Walter Brennon. 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 Walter aMirandawarning. Wanda Bryson was not at home.

Instructions:

Compose a briefing memorandum that addresses the following:

• What are the respective roles of the prosecutor, defense attorney, defendant and judge in a criminal plea negotiation? Also comment on the role of the victim, if any, in these proceedings

Format

Memorandum

TO: Beckett Holland, Esq.

FROM: (your name), Paralegal

DATE:

RE: Plea Negotiation in the Case of Walter Brennon

For clarity and organization, label all parts of the memorandum

- complete sentences - paragraph format