When the first plea bargain was offered by the federal prosecutor, the investigator assigned to my case attempted to intimidate me into accepting over the telephone. He was very evasive in answering any of my questions and kept replying that "he was just a messenger". I adamantly refused repeatedly until he hung up.Is this standard procedure?
My court appointed attorney never explained or counseled me on this first plea. Assuming that this attorney would prevail with the facts, I let it slide. Now, after his abandonment of me and my evidence, the attorney is focusing on a second, worse plea offer. It seems that his only focus is on these plea offerings versus examining my evidence, subpoenaing files or interviewing witnesses. He is trying to force me into taking a plea! What can I do?
Firstly, you should not be discussing whether to accept a plea with an investigator. Secondly, when a lawyer attempts to persuade a client to accept a plea agreement it usually does not mean that the lawyer is lazy and stupid, as the client assumes. This is especially true in federal court. There is a major downside to going to trial in federal court. Most of the power is in the hands of the prosecutor, and where a defendant goes to trial, the government usually makes the stakes very high if you are convvicted. You should carefully consider your lawyer's advice.
I am assuming you have discussed the case with your atty st some point. The investigator was only relaying the offer, you should still discuss it with your lawyer. If they believe a plea is in your best interest, I editor suggest you listen closely to them regarding why it's in your best interest. If you are unhappy with the answers, you are free to seek private advice and hire a private lawyer.
The question of whether or not you you are going to accept a plea deal is your decision, period. While most cases resolve, it is your constitutional right to invoke your right to a trial. If your attorney's investigator is intimidating you, I suggest that you put this information in a letter to your attorney.
The job of discussing a plea deal is not one for an investigator. That should have been your attorney discussing the negotiation with you. As for whether the was evasive, chances are he was not capable of answering your questions. You need to bring this to the attention of your court-appinted counsel. You need to have a talk with him or her, and then listen to his or her analysis of your case in a dispassionate manner to see if he or she has the facts straight. From there, only you decide whether or nto to accept a plea deal or go to trial. You do need to have anattorney you have confience in to move forward.
