What exactly are Larry Craig's legal options that he's going to pursue...

[Maddy McCall]

which will make him unable to serve out his term?

:shrug:

He pleaded guilty. What legal options does he have left?

[eleny]

1. That was just some gooble gobble

[tridim]

2. Just one more lie as he waves goodbye

He's not going to pursue jack squat.

[DemocratSinceBirth]

3. There Are Theoretical Defects In His Guilty Plea

eom

[Maddy McCall]

4. Such as...

?

[DemocratSinceBirth]

5. You Need To Ask A Law Professor

There were a couple on television discussing "THEORETICAL" defects...


I doubt the courts in Minnesota will let him open the case...

[TwilightGardener]

6. As long as he tries to fight that guilty plea, he won't have to admit

that he's gay.

[Maddy McCall]

7. To me, it's a done deal. Anything he does from here on out is futile.

Was he trying to fight his own guilty plea in the interim between the plea and the media discovery of the plea?

[TwilightGardener]

8. I don't believe so. He just wanted the whole thing to disappear.

Now, he's got his straight reputation to repair. Of course, no one thinks he's straight, but he doesn't know that, apparently. He actually believes his denials will convince us. He's sad, really.

[Nite Owl]

9. My question is will

he stop the restroom pickups or is this some sort of compulsive behavior? This seems to have gone on for a long time and he risked getting caught every time yet he did it. He still isn't able to come to grips with his identity, he's been living two lives in complete denial.

[Olney Blue]

10. He can go back to his legal marriage and live his happy legal life.

That he spend his career denying to others.

[Scooter24]

11. The legal issue is that he never confessed.

When he mailed his guilty petition he was never advised of his right to counsel.

A defendant can't just say he is proceeding without a lawyer, he must be advised and waive that right.

State v. Vieburg, 404 N.W.2d 312, 314 (Minn. App. 1987.)

An accused has the right to withdraw his plea of guilty upon establishing a denial of his right to counsel. McMann v. Richardson, 397 U.S. 759, 767, 25 L. Ed. 2d 763, 90 S. Ct. 1441 (1970); State v. Waldron, 273 Minn. 57, 139 N.W.2d 785 (1966); see State v. Seebold, 280 Minn. 241, 246, 158 N.W.2d 854, 857 (1968); Reiff v. State, 41 Wis.2d 369, 164 N.W.2d 249 (1969). This conforms with A.B.A. standards. See ABA Standards Relating to Pleas of Guilty (Approved Draft, 1968), § 2.1. There is no indication on the record that Vieburg was ever advised of his right to counsel. Not only must a defendant be informed of his right to counsel before pleading guilty, he must make a knowing and intelligent waiver of that right on the record.

Being told your Miranda rights after an arrest is not the same thing as being advised of the right to counsel before pleading guilty. (See Rule 15.01 and 15.05 of the MN Rules of Criminal Procedure)

He could very well be within his right to withdraw his plea based on this. However, that would mean a costly and embarrassing court battle which would probably be more damaging.

[sam sarrha]

12. they will just give him a non participating consulting job to maintain his wealth and it is all over

[Garbo 2004]

13. Except Craig later in June went to airport police to get contact info for his lawyer &

was given it. He understood he had a right to representation, since he indicated more than a week after his arrest that he needed to know who his lawyer should contact regarding the case. That he apparently chose afterwards to proceed and cop a plea in August without representation was on him.

[Scooter24]

14. See Rule 15.01 of the MN Rules of Criminal Procedure=

Before the court accepts a plea of guilty to any offense punishable upon conviction by incarceration, any plea agreement shall be explained in open court. The defendant shall then be questioned by the court or counsel in substance as follows: ... 3. Whether the defendant knows there is a right to the assistance of counsel at every stage of the proceedings and that counsel will be appointed for a defendant unable to afford counsel.

[Garbo 2004]

15. Craig's plea petition:

http://www.thesmokinggun.com/archive/years/2007/0828071craig8.html

Craig waived his right to appear in court. He also apparently chose to not be represented by attorney. Don't see how Craig can claim he didn't know he had a right to representation by an attorney since the plea form he signed specifically asks if the defendant is represented by an attorney, includes references to the defendant's attorney (if he/she is represented by one) and has a statement for the attorney to sign if the defendant is represented.

[Scooter24]

16. I understand

I understand he signed that plea, but he has several arguments still available that might help his case. It'll come down to whether he was advised about his plea and whether he fully understood what he was doing during each step of the process. Simply mailing him 10-pages and asking for his signature doesn't really meet this standard under the rules. But nobody knows really what was said between the two parties.

He could argue that the prosecutors never explained all his rights to him and could argue that he was never offered the opportunity to go before a judge. There's a lot of gray area here because judges are usually given broad discretion to determine whether to allow a plea to be rescinded.

Given that he is a US Senator, I have a feeling deference will be shown to him in granting his petition.

[Garbo 2004]

17. There's also the audio tape that indicates he knew he could go to court and he didn't want to

appear in court. Of course that was just after the arrest, but presumably he didn't subsequently forget that he could go to court if he wanted to and had a right to legal representation. Especially since almost two weeks after the arrest he asked and got contact info supposedly to provide his lawyer, as he told the airport police.

Sure, he can petition to reopen the case and it might be granted, whether or not whatever claims he might now make have merit.