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    • h.

      That the client will receive, or the prosecution will recommend, specific benefits concerning the client's place or manner of confinement or release on parole and the information concerning the client's offense and alleged behavior that may be considered in determining the client's date of release from incarceration.

  • D.

    In developing a negotiation strategy, counsel should be familiar with the position of any alleged victim with respect to conviction and sentencing. In this regard, counsel should:

  • 1.

    Consider whether interviewing the alleged victim or victims is appropriate and, if so, who is the best person to do so and under what circumstances;

  • 2.

    Consider to what extent the alleged victim or victims might be involved in the plea negotiations;

  • 3.

    Be familiar with any rights afforded the alleged victim or victims under the Victim’s Rights Act or other applicable law; and

  • 4.

    Be familiar with the practice of the prosecutor or victim-witness advocate working with the prosecutor and to what extent, if any, the prosecution defers to the wishes of the alleged victim.

  • E.

    In conducting plea negotiations, counsel should be familiar with:

    • 1.

      The various types of pleas that may be agreed to, including a plea of guilty, a plea of nolo contendere, a conditional plea of guilty, and a plea in which the client is not required to personally acknowledge guilt;

  • 2.

    The advantages and disadvantages of each available plea according to the circumstances of the case, including whether or not the client is mentally, physically, and financially capable of fulfilling requirements of the plea negotiated;

  • 3.

    Whether the plea agreement is binding on the court and prison and parole authorities;

  • 4.

    Possibilities of pretrial diversion; and

  • 5.

    Any recent changes in the applicable statutes or court rules and the effective dates of

those changes.

A. Counsel shall make it clear to the client that the client must make the ultimate decision whether to plead guilty. Counsel should investigate and explain to the client the prospective strengths and weaknesses of the case for the prosecution and defense, including the availability of prosecution witnesses (if known), relevant concessions and benefits subject to negotiation, and possible consequences of a conviction after trial. Counsel should not base a recommendation of a plea of guilty solely on the client’s acknowledgement of guilt or solely on a favorable disposition offer.


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