Given the unpredictable nature of criminal trials, in many cases, it is prudent to enter into a plea agreement with the State. Generally, a criminal defendant’s attorney will inform him or her of any plea offers, and advise the defendant of whether the offer is reasonable or whether the defendant should proceed to trial. If a defendant’s attorney does not communicate a plea offer, however, and the defendant is convicted, the defendant may not have any recourse if he or she does not learn of the offer in a timely fashion. This was explained in a recent assault case decided by the Court of Appeals of Washington, Division 3, highlighting the importance of retaining an effective attorney. If you are charged with assault, it is essential to retain an assertive Tacoma assault defense attorney to help you seek a favorable result.
Facts and Procedure of the Case
Allegedly, the defendant was charged with multiple crimes, including numerous assault offenses and possession of a stolen firearm. The court assigned a public defender to represent the defendant. The public defender received a plea offer from the prosecutor, which the public defender communicated with the defendant. The defendant declined to accept the offer. Subsequently, the prosecutor sent the public defender an offer with a recommended sentence of 120 months. The offer went unanswered and ultimately expired. A jury convicted the defendant on all but one charge, and the court sentenced him to 432 months imprisonment.
It is reported that the defendant appealed his conviction and sentence, but the appeal was denied. He then filed a personal restraint petition that was also denied. He subsequently filed a motion for relief from judgment, which was considered as a personal restraint petition. The court ultimately dismissed the petition as time-barred.