ISBA Ethics Opinions by IRPC Rule 3.8

Read Illinois Rule of Professional Conduct 3.8 Special Responsibilities of a Prosecutor

Rule 3.8 Special Responsibilities of a Prosecutor

  • Opinion 14-02 | Communication With Unrepresented Person | Plea Agreements | Prosecutors
    Tendering plea agreements to unrepresented defendants

    In any criminal proceeding, a prosecutor may convey a plea offer to a pro se defendant prior to a court proceeding, regardless who initiates the contact. The communication must simply convey the plea offer and not make any recommendations as to the value of the offer. The communication must also identify that the prosecutor is not disinterested, clarify any misconception the person may have about the prosecutor's role and advise the person about the right to secure counsel.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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