Dangers Of Giving Legal Advice When Faced With Criminal Charges

I do not generally blog on malpractice but this case involves an attorney not experienced in criminal law giving bad advice which led to a malpractice case being filed against him. Mecca, a West Paterson solo practitioner was contacted in 1994 by an existing client Andrew Totoli who was arrested after his auto body shop was raided by federal agents in connection with a narcotics investigation. Mecca said he consulted with a criminal defense lawyer prior to advising his client to cooperate and give statements to law enforcement. Later, a different attorney negotiated an agreement whereby Totoli provided testimony against co-defendants and pleaded guilty to a conspiracy charge. He was sentenced to two years in prison and five years probation. Totoli then sued Mecca claiming that his custodial sentence was based in part on information he provided to law enforcement at Mecca’s recommendation. No experienced criminal defense attorney would ever recommend cooperation or making statements absent an agreement or immunity. While Mecca was ultimately found not to have committed malpractice, it was because Totoli could not prove that without the statements he would have been found not guilty or have gotten a lesser sentence. This case illustrates the danger in seeking advice from a general practitioner when faced with criminal charges. If you are ever charged with a crime, seek the advice of an experienced criminal defense attorney.

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