Legal Question in Criminal Law in Virginia
possible two life terms!
our 19 yo son is chargedwith 3 felony counts of selling cocaine to an undercover agent, naturally, he has pled guilty(no trial) he will be sentenced in the spring...we have recently found out that our son, while admittedly guilty, was threated and backed into a corner by this agent, my son came through because he was afraid not to. Do we have any recourse? The young (traffic) lawyer has been
ineffective, not giving a motion of discovery or not giving court dates until the night before..we feel he has been grossly under reprsented
1 Answer from Attorneys
Re: possible two life terms!
Why your son would've pled guilty under these circumstances where apparently there may have been entrapment or other defenses available, I find puzzling, particularly, if no counts were dropped as part of the plea negotiation. What did he gain from this deal(by pleading to three felony counts)? Apparently, not much of anything.
Far better (in my opinion) in these circumstances for the defendant to go to trial where there are possible defenses available such as entrapment or coercion/duress and let all the relevant facts come out (and into play with regard to any possible police misconduct) during the course of the trial and put the Commonwealth to its test of the evidence.
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