Counsel should inform the client of any tentative negotiated agreement reached with the prosecution, and explain to the client the full content of the agreement, and the advantages and disadvantages and the potential direct and collateral consequences of the agreement. Counsel shall advise the client if the agreement carries a risk that the client will be deported.
The decision to enter a plea of guilty rests solely with the client, and counsel should not attempt to unduly influence that decision. If counsel reasonably believes that rejection of a plea offer is in the best interest of the client, counsel should advise the client of the benefits and risks of that course of action. Similarly, if counsel reasonably believes that acceptance of a plea offer is in the best interest of the client, counsel should advise the client of the benefits and consequences of that course of action.
A negotiated plea should be committed to writing whenever possible.
Counsel should, whenever possible, obtain a written plea offer from the prosecution. If the prosecution does not provide counsel with a written plea offer, counsel should document in writing all the terms of the plea agreement offered to and accepted by the client.
F. When the client verbally rejects a fully explained and detailed plea offer, counsel may ask the client to sign a written rejection of plea offer statement.
Prior to the entry of the plea, counsel should:
Make certain that the client understands the rights the client will waive by entering the plea and that the client's decision to waive those rights is knowing, voluntary, and intelligent;
Provide the client a full explanation of the conditions and limits of the plea agreement and the maximum punishment, sanctions, and collateral consequences the client will be exposed to by entering a plea, including whether the plea agreement is binding on the court and whether the court, having accepted the guilty plea, can impose a sentence greater than that agreed upon;
Explain to the client the nature of the plea hearing and prepare the client for the role the client will play in the hearing, including answering questions of the judge and providing a statement concerning the offense; and
If the plea is a non-negotiated plea, inform the client that once the plea has been accepted by the court, it may not be withdrawn after the sentence has been pronounced by the court.
Counsel should investigate and inform the client of the consequences of a plea or a finding of guilty in state court for any current or future federal prosecution.
C. When entering the plea, counsel should confirm that the full content and conditions of the plea agreement are placed on the record before the court.