Michael is arrested by New York police on an attempted murder charge for attempting to poison his wife on June 8. He is to appear before a judge in New York City Criminal Court on June 9 to have bail set. Before his arraignment, Michael meets his attorney, a public defender. When the public defender asks Michael what happened, Michael tells him, "I tried to kill my wife." 1. Can Michael’s attorney still represent him, having been told by Michael that his is guilty? Explain why or why not.
2. Michael is taken before the judge for arraignment. The judge moves on to set bail. What factors will the judge consider when decide whether or not setting bail? List at least three.
3. Michael’s wife expresses concern to the assistant district attorney that is he makes bail, Michael might return and try to kill her. The assistant district attorney tells the judge this at the arraignment. Is the judge allowed to consider this when setting bail? Explain why or why not.
4. Michael’s lawyer talks with the District Attorney about entering into a plea bargain, under which, if Michael agrees to plead guilty, the prosecutor will ask the judge to give Michael a two and half year sentence instead of a possible 20 years prison term. Why are the prosecutor and the defense attorney interested in pleas bargaining Manny’s case instead of taking it to trial? Discuss the motivations for plea bargaining on the part of the prosecutor and the defense attorney separately (list at least two for each