Articles Tagged with “White-Collar Crime”

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The Supreme Court recently decided two cases about what a lawyer has to do when representing a client deciding whether to take a guilty plea or go to trial – Lafler v. Cooper and Missouri v. Frye.

These cases hold, basically, that if a defense lawyer messes up when representing a person in connection with a decision to plead guilty, that violates the person’s constitutional right to effective assistance of counsel. As a result, the harm that was done by the lawyer’s mistake can, and must, be undone. So, a person who was hurt by a lawyer’s mistake can challenge what happened to him and possibly have a conviction or sentence undone.

The New York Times took the notable step of issuing an editorial praising the decisions. Lots of folks have commented on the effects of the rulings (like this guest post at Sentencing Law and Policy).

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It’s good to be king.

The government, in a criminal investigation, can issue a grand jury subpoena to collect evidence and put witnesses under oath. It can execute search warrants to go into a home or business and take documents. It can cut deals with people it thinks are involved in a criminal enterprise, so that they’ll spend less time – or no time – in prison if they turn in someone else.

Someone fending off a government investigated can’t do any of this.