California, United States of America
The following excerpt is from In re Steven Vargas, 100 Cal.Rptr.2d 265, 83 Cal.App.4th 1125 (Cal. App. 2000):
"Defense counsel have the obligation to investigate all defenses, explore the factual bases for defenses [citation] and the applicable law. [Citation.]" (People v. Maguire (1998) 67 Cal.App.4th 1022, 1028.) "The defendant can be expected to rely on counsel's independent evaluation of the charges, applicable law, and evidence, and of the risks and probable outcome of trial. [Citations.]" (In re Alvernaz, supra, 2 Cal. 4th at p. 933.)
The entry of a plea must be a " 'voluntary and intelligent choice among the alternative courses of action open to the defendant.' [Citations.]" (Hill v. Lockhart (1985) 474 U.S. 52, 56.) The voluntariness of a plea depends on "whether counsel's advice 'was within the range of competence demanded of attorneys in criminal cases.' [Citation.]" (Ibid.)
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