Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, April 26, 2012

Michigan Court of Appeals on prejudice at plea stage

People v. Douglas, No. 301546 (Mich. App. Apr. 12, 2012) (published)

The Michigan Court of Appeals found that a defendant was prejudiced when his attorney provided ineffective assistance at the plea stage because the attorney failed to properly advise him about the consequences of accepting a plea offer, namely, the proper maximums and minimums as charged versus the plea offer.  This may help in Padilla cases in terms of showing prejudice when a defense attorney fails to properly advise of other consequences of accepting a plea offer, like removal.

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