94- 649 C.M.R. ch. 102, § 11

Current through 2024-51, December 18, 2024

Section 649-102-11 - OBLIGATIONS OF COUNSEL IN SENTENCING

Among defense counsel's obligations in the sentencing process are:

1. Where a defendant chooses not to proceed to trial, to ensure that a plea agreement is negotiated with consideration of the sentencing, correctional, and financial implications;

2. To ensure the client is not harmed by inaccurate information or information that is not properly before the court in determining the sentence to be imposed;

3. To ensure all reasonably available mitigating and favorable information, which is likely to benefit the client, is presented to the court;

4. To develop a plan which seeks to achieve the least restrictive and burdensome sentencing alternative that is most acceptable to the client, and which can reasonably be obtained based on the facts and circumstances of the offense, the defendant's background, the applicable sentencing provisions, and other information pertinent to the sentencing decision;

5. To ensure all information presented to the court which may harm the client and which is not shown to be accurate and truthful or is otherwise improper is stricken from the text of the pre-sentence investigation report before distribution of the report;

6. To consider the need for and availability of sentencing specialists, and to seek the assistance of such specialists whenever possible and warranted.

94- 649 C.M.R. ch. 102, § 11