Thursday, May 26, 2005

Plea Racket Bill Passes

The following new laws are in effect Sept. 1:

1. No prosecutor may "initiate or encourage an attempt to obtain from an unrepresented defendant a waiver of the right to counsel," or even "communicate with a defendant who has requested the appointment of counsel."

2. No court may "direct or encourage the defendant to communicate with the attorney for the state" unless the court advises the defendant of the right to counsel and the procedure for obtaining counsel and the defendant has been given a reasonable opportunity to obtain counsel.

3. "If the defendant has requested appointed counsel, the court may not direct or encourage the defendant to communicate" with the prosecution.


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