Assignment:
Can you please summarize the documents from the client's point of view? I will be speaking as the client. This is based off of Florida's law. Need Assignment Help?
Attorney-Client Conference Checklist
The prosecutor's ethical duty is to ensure that the State has sufficient evidence to prove the criminal charge(s) beyond a reasonable doubt prior to filing formal charges. Thus, the prosecutor's primary consideration should be related to the strengths and weaknesses of the evidence. Not all evidence is admissible, and as such, the prosecutor must also determine whether the evidence was lawfully obtained, and whether the evidence is admissible under the Rules of Evidence.
The defense attorney's ethical duty is to zealously defend their client. To do so, they must thoroughly analyze the evidence, determine the strengths and weaknesses, and identify legal and factual defenses. In addition, the attorney must communicate effectively with their client. The client must understand the strengths and weaknesses of the case, and likewise the attorney must understand the client's goals. Use the following checklist in preparation for your attorney-client conference:
- Attorney Introduction
- Identify yourself to the client and explain your background.
- Explain the purpose of the meeting: discuss charges, evidence, goals, and options
- Case Status and Charges
- Review the charge
- Confirm the case posture: client is in custody, unable to afford bond
- Client Goals and Priorities
- As the Client, you must explain your circumstances and clearly articulate your goals
- Evidence Review
- The Attorney should ask the Client for their version of the facts.
- Discuss possible legal defenses
- Sentencing Exposure
o Explain the Criminal Punishment Code:
- 114 total points on the scoresheet
- 64.5 months bottom of the guidelines to 30 years
- Discuss potential outcomes
- Trial risk v. Plea
- Mitigation possibilities
- Collateral Considerations to the Plea
- Financial challenges: probation fees, ankle monitor, treatment costs, etc.
- Employment risk: prolonged custody
- Family impact: guardianship of sister
- Negotiation Strategies
- Identify the final end goal
- Identify possible alternatives that the Client is willing to accept
- Determine your opening offer to the Prosecutor, and develop a persuasive strategy.
Client Profile - Jordan Rivera
- Age: 27
- Occupation: Full-time employed in retail
- Financial: Rivera earns just enough to pay basic bills. $0 savings.
- Family: Sole guardian of 13-year-old sister (mother passed away 2 years ago)
- Legal Status: In custody; unable to afford bond
- Education: High School Diploma
- Client Version:
- You knew the cocaine was in the vehicle, but it was not yours. Your cousin placed the cocaine in your trunk, and you were asked to take it to a specific location for drop-off. Your cousin was concerned about handling the transaction himself because of his prior history - he is known to law enforcement. He offered you $6,000.00 in cash to assist, and although you did not want to get involved, you needed the money. You are doing everything you can to pay your bills and take care of your sister, and you feel like you have no options.
- You use marijuana recreationally, but you do not use any other controlled substance. You could cease using marijuana if you needed to for random testing.
- Client Goals:
- Your primary objective is to get out of custody and to avoid prison.
- Maintain guardianship of his sister
- Avoid long-term felony consequences (although you have a prior felony, adjudication was withheld)
- Open to a negotiated plea if it avoids incarceration and preserves employment options
- Not willing to cooperate with the State as a confidential informant
- Willing to participate in Drug Court; however, you know that the cost of routine drug testing and the requirements of monthly court appearances will be impossible because of limited financial resources and employment commitments. Note: The vehicle tag was expired because you did not have sufficient financial resources to pay the $75.00 renewal fee.
- Family Considerations:
- Your aunt and uncle are willing to care for your sister if you are incarcerated, but she has expressed a strong preference to remain with you due to strained relationships.
- If you remain in custody much longer you will lose your employment, and will thereafter lose your residence.
- Client Attitude:
- Denies ownership or knowledge of cocaine
- Blames cousin for the drugs
- Frustrated with prior experience in the justice system
- You are adamant that the police lied - you did not consent to a search, and there is no way that they could smell marijuana because there was no marijuana in the vehicle.