{"id":17233,"date":"2015-05-13T08:55:41","date_gmt":"2015-05-13T13:55:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17233"},"modified":"2015-05-13T12:59:12","modified_gmt":"2015-05-13T17:59:12","slug":"d-ariz-in-rejecting-a-search-argument-defense-counsel-isnt-obligated-to-explain-all-the-legal-theories-to-the-client-to-then-discount-them","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17233","title":{"rendered":"D.Ariz.: In rejecting a search argument, defense counsel isn&#8217;t obligated to explain all the legal theories to the client to then discount them"},"content":{"rendered":"<p>In explaining a guilty plea, it isn\u2019t necessary for counsel to explain to the client all the legal theories for and against a search (among other issues) before discarding them. Counsel was not ineffective. Chrzaszcz v. United States, 2014 U.S. Dist. LEXIS 183824 (D.Ariz. December 17, 2014):<\/p>\n<blockquote><p>Any counsel evaluating a case may consider a myriad of potential legal issues, and ultimately conclude that they are not sufficiently applicable to warrant confusing an untrained client by raising them to the client and then dismissing them as untenable. For example, counsel does not avow that he explained a Fourth Amendment search and seizure defense, or an extradition defense, or a hearsay defense, only to dispose of them as untenable. Reasonable counsel does not engage in a pointless dissertation of legal theories with his client, but provides a cogent, understandable analysis based on factors relevant to his client evaluating a plea agreement. The record indicates that it was defense counsel did in this case.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>In explaining a guilty plea, it isn\u2019t necessary for counsel to explain to the client all the legal theories for and against a search (among other issues) before discarding them. Counsel was not ineffective. Chrzaszcz v. United States, 2014 U.S. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17233\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-17233","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17233","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17233"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17233\/revisions"}],"predecessor-version":[{"id":17238,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17233\/revisions\/17238"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17233"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}