Do public defenders have the right to not notify the defendant of a plea bargain offer?

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Do public defenders have the right to not notify the defendant of a plea bargain offer?

How long can they do this? It’s been 28 days so far that there’s been an offer.

Asked on August 7, 2013 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically, an attorney has a duty to communicate with their client and to promptly inform them of a settlement offer (in a civil case) or a plea bargain (in a criminal case).  The exception might be unless prior discussions with the client have left it clear that the proposal will be unacceptable.

Depending on the facts of your case, your PD may or may not have breached their ethical duty to you. At this point, you need to contact them immediately (by either phone, FAX, text, US mail, etc.) A month is a long time not to have relayed this information to you.


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