Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari to the U.S. Court of Appeals for the Sixth Circuit)
Argument: The primary question presented is exceptionally important. Criminal defendants require assistance of counsel during plea negotiations. The frequency of pre-indictment plea-bargaining is increasing. Charge-bargaining is a unique feature of pre-indictment negotiations. Pre-indictment plea bargains carry severe collateral consequences. The Sixth Circuit’s rule raises practical concerns apart from plea deals. The Sixth Circuit’s decision conflicts with this Court’s Sixth Amendment Jurisprudence.