“Write a blog post for a criminal defense attorney's website about why having ChatGPT draft a plea agreement is a terrible idea.”

https://chat.openai.com/share/86c08cf1-82c1-4f61-a53a-c745f37a7177

Introduction

In the age of advanced technology, it's tempting to rely on AI-driven tools for various tasks, from generating content to automating processes. However, when it comes to the legal realm, certain matters demand the expertise and nuanced understanding that only a skilled criminal defense attorney can provide. One such critical aspect is the drafting of plea agreements, which are essential documents in the criminal justice system. In this blog post, we'll discuss why entrusting ChatGPT or any other AI system to draft a plea agreement is a terrible idea and why you should always rely on a seasoned attorney for this vital task.

1. Legal Complexity and Nuances

Plea agreements involve intricate legal language, statutory interpretations, and case precedents. These documents require a deep understanding of criminal law, potential sentencing outcomes, and the specifics of your case. While AI models like ChatGPT can generate text, they lack the comprehension of legal intricacies and the ability to tailor language to your unique circumstances. A minor mistake or oversight could have a significant impact on the outcome of your case, making it crucial to have an experienced attorney who can navigate the complexities with precision.

2. Customization and Personalization

Every criminal case is unique, influenced by a multitude of factors such as the evidence, the defendant's background, the prosecutor's stance, and more. A plea agreement must be tailored to address these individual aspects to secure the best possible outcome for you. While ChatGPT can generate content, it lacks the capacity to understand your personal situation, emotions, and concerns. A proficient criminal defense attorney not only comprehends the legal landscape but also recognizes the importance of personalization to create an agreement that aligns with your specific needs and goals.

3. Negotiation Strategy

Plea agreements often involve negotiations between the defense attorney and the prosecutor. These negotiations require strategic thinking, knowledge of legal precedents, and an understanding of the local legal system. An experienced attorney can engage in negotiations effectively, leveraging their expertise to advocate for the most favorable terms. ChatGPT, on the other hand, cannot adapt its negotiation strategy based on real-time feedback, anticipate the prosecutor's responses, or employ the art of persuasion that a seasoned attorney can provide.

4. Unintended Consequences

AI-generated content is based on patterns in the data it has been trained on. However, it cannot predict the potential unintended consequences that might arise from the wording of a plea agreement. A single phrase or clause could inadvertently lead to undesirable outcomes or impact your rights. Legal professionals possess the insight to foresee and mitigate these risks, ensuring that your plea agreement safeguards your interests while adhering to the law.

5. Ethical Considerations and Accountability

Legal matters are subject to a complex web of ethical guidelines and professional responsibilities. Attorneys are bound by a strict code of conduct to act in your best interests, maintain confidentiality, and uphold the principles of justice. While ChatGPT lacks the moral compass and ethical judgment of a human attorney, a legal professional is accountable for their actions and decisions, ensuring that your rights are protected throughout the process.

Conclusion

While AI technology like ChatGPT has made remarkable strides in various fields, entrusting it with the drafting of a plea agreement is a risky proposition. The intricacies of criminal law, the need for customization, negotiation strategies, unintended consequences, and ethical considerations demand the expertise of a skilled criminal defense attorney. Your future and your rights are too important to leave to chance. When it comes to plea agreements, always choose the guidance of a seasoned legal professional who can navigate the complexities of the legal system and advocate for your best interests.

Just don’t do this.

It looks like this question I answered on Avvo today really spoke to me, given the length (and quality IMHO) of my answer. As such, and because I haven’t made a post on this blog in so long, I’m reposting it here. Here’s the question, followed by my amazing answer.

“Can I use screenshots printed out in a custody hearing? my kids mother has a few choice words that I feel can help me in my hearing as far as leaving decisions to my kids and my presence not being a priority of hers ? Can I use these screenshots in court and how do I do so?”

Probably. The exact procedure will vary by jurisdiction, and maybe even by courtroom. But I have a few bulletpoints of general advice.

* How do you prove that these screenshots are what you say they are? If the person is available and willing to state in court that the screenshots accurately depict what you say they do, then that's great. Otherwise, is the person who made the screenshots willing and able to state in court how they made the screenshots and how they know that the "few choice words" were uttered by your "kids mother"?

* How will you submit the screenshots? If this is an in-person hearing, I would print out a copy for you, a copy for the court, a copy for every other party in the courtroom, a copy for any witness(es) you have to question about them, and a few extras just in case. If this is one of those Zoom hearings that are all the rage these days, you may be able to submit the photo file digitally. Either way, the court may want exhibits like this submitted beforehand, or may have other requirements. I would recommend contacting the court clerk ahead of time to check about their rules and procedures. As much fun as it may sound to be able to whip out surprise evidence mid-hearing, I wouldn't recommend trying it if you are representing yourself. (Having finished typing that last sentence, I recognize that others may disagree.)

* Plan to be able to explain in court exactly what you are trying to present. Are these phone screenshots of a conversation between two people? Make sure you can effectively explain what the app is and why this might look different from the only app that the judge uses on their phone (assuming they even text at all). If it's Facebook or Twitter or LinkedIn or one of those type of services, be prepared to explain what that is and how it works.

* If there is a way to make the content of the screenshot more self-explaining, do that. If this is a text conversation, does the screenshot depict the phone numbers involved or the contact names? Contact names may be easier to understand, but then how will you establish that you didn't just send those messages from a different number and then assign that number to your "kids mother"? If it's a Facebook post or something else that can be accessed from a web browser, perhaps you want to take a screenshot of the web version with the website URL in the screenshot, especially if it's a publicly available post and the URL includes a username that your "kids mother" will admit belongs to her profile.

* Perhaps most importantly, plan to be able to explain in court the exact relevance of what you are trying to present. You indicate that you believe that your "kids mother"'s "few choice words" "can help [you] in [your] hearing as far as leaving decisions to [your] kids and [your] presence not being a priority of hers." It is critical, though, that you be able to explain in court how this evidence is relevant. Does it prove that she is lying to the court about something? Then it's probably relevant. Does it establish something directly relevant to the custody of your child? Great. Does it make her look like a bad person, or someone who spends her free time in embarrassing ways? Ehhhhhhhh.

That you're thinking about all of this beforehand and asking about it on this site is a good sign. I would be remiss, though, to not mention that for something as important as this appears to be to you, retaining an attorney to represent you would be a great idea if you can do it. Good luck!

Why should my content stay there when I can post them here as well? Here are some of my recent answers to various questions. I think these are pretty OK. Any typos or spelling issues are directly from the source, including mine. Sorry about that.

How long after you are arrested and bailed out does the DA have to issue a citation?

I was arrested for domestic abuse 8 days ago, my sister bailed me out that night for 700 dollars as they added a battery charge. I still have not been issued a citation or given any sort of information about the charges.

Jeffrey’s Answer

It is not a requirement, no, but you should contact, and possibly retain, a local criminal defense attorney before the decision is made. The statute of limitations is three years for misdemeanors and six years for felonies, so they have plenty of time to decide.

What is the fastest way I can reinstate my license in Lake Country County/Waukesha?

My license is suspended in Lake Country County - Oconomowoc. I need to reopen my case. How can I get into court sooner than my September 14th courtdate. The fine has already been paid, however, they are still keeping my license suspended.

Jeffrey’s Answer

Perhaps? You will need to provide more context about your situation and the reason for the license suspension. But you should provide that context during a private phone conversation or office appointment with a local criminal / traffic defense attorney, and not on a public website like this one.

Im 16 my man is 22 are we legal without sex?

ill be 16 in two months and my boyfriend is 22. we have been together for a month and no sexual contact involved. My grandparents threatened to call the cops and arrest him, can he get arrested if there's no sex? And are we legal once im 16?

Jeffrey’s Answer

"Can he get arrested if there's no sex?" Here's the thing: people get arrested all the time for things they didn't do. And he's not going to have an alibi if there's an accusation made, because you two are apparently together at times. And I suspect there won't be witnesses who can account for every second you are together and confirm that nothing physical ever happened. And people get convicted of things they didn't do more often than society should be comfortable with. Can your grandparents get him arrested? I bet they could.

"And are we legal once I'm 16?" No. Look, I don't have the expertise to provide an expert opinion on the propiety of your relationship, but I agree with the other answers here that this is a bad idea for both of you. Maybe in another 26 months?

IIf I sent a nude to a minor can I go to jail?

Me and a girl met and she sent me nudes and I sent her some I was 25 and she was 15

Jeffrey’s Answer

The bigger problem is the child pornography you have just admitted to receiving.

I pressed charges of simple assult on my ex boyfriend but do I have to show up in court ?

Callers the police on my ex boyfriend but I don’t want nothing to happen to him

Jeffrey’s Answer

If you receive a subpoena, which is a court order, you must comply and appear as directed. You did not press charges, the prosecution did, and they are the ones who decide how to prosecute the case. If you want your position to be considered, you should make sure that they are aware of it, potentially through counsel.

Do I have a case .2yr court to court spent 9days in jail still haven't charged with nothin video proof shows not me . ?

Video an still shot of surveillance camera evidence..shows its not me ...an court a point comes up to me says sec. other courts...an wants me to take a plea ,for mister minor charge. When video shows it not me .????goin on 2 half yrs now...having...

Jeffrey’s Answer

This is a question that you should be asking your attorney, who has more information and familiarity than anyone on this site. If the situation was as simple as you suggest, then I would expect a dismissal as well, but federal cases (the practice area you identified) are rarely as simple as you suggest.

Does my wife lose rights to a vehicle if she used the vehicle for her affair?

My wife had used a vehicle to leave on a vacation with the man she's having an affair with. If the vehicle was used for her affair does she lose her right to claim it as her vehicle?

Jeffrey’s Answer

I don't see how or why that would be the case.

What can i do to get a present back from someone that costed lots of money?

Okay, so my mom and her boyfriend are going through a break up, and last year she got him a $450 dollar PlayStation 4, and we want it back. But, he will not give it back, even after we politly have asked, with no force, and he claims he bought it ...

Jeffrey’s Answer

If it was a gift to him, and they weren't married, I don't see why your mother would have any claim at all to it, especially if the breakup occurred so long after the gift was given.

Can I sue someone that's on disability

Someone trying to sue me but im I am on disability

Jeffrey’s Answer

Being on disability does not give someone immunity from the law.

Dear Client,

You are smarter than this. You have a decent head on your shoulders. I truly believe this. Seriously.

I don't say "decent" instead of "good" merely because you found yourself in a position where you needed an attorney. Some of my clients have done dumb things, to be sure, but certainly not all of them, and no one is as dumb as the dumbest thing he or she has ever done.

Nor, dear client, am I tempering my praise of your intelligence in this instance merely because you have come to me today with a new problem. You have heard through the grapevine, or from some police contact, that you are being accused of something completely divorced from the thing you are being accused of that led to my representation. This sort of thing happens. Perhaps I can fault you for putting yourself in a position to find yourself accused of something new, but that's a different issue for a different blog post.

No, dear client, what has me face-palming today is your unsupported belief that providing your version of events to law enforcement will make all of this go away immediately. Come on. You are smarter than this. Your thought process is why this works:

“Hello,” the message read, addressing the man by his first name. “This is Officer Smith. My address is as follows: 4310 SW Macadam Ave. Portland, OR 97239. Please feel free to call me with any questions that you have. I will need to heard [sic] from you soon.”

“Officer Smith” is Scott P. Smith, an agent with US Immigration and Customs Enforcement (ICE). The address on Macadam is the local ICE headquarters in Southwest Portland. The man he texted, who the Mercury has agreed not to name, is suspected by ICE to be living in the United states illegally and was recently charged with a misdemeanor in Multnomah County.

Smith soon got the man on the phone, attorneys say, and manipulated him into divulging his native country and immigration status. The agent was collecting evidence against him for a potential deportation proceeding.

It doesn't even matter whether your version of events clears you of all wrongdoing. If it does, the officer likely won't believe you and won't care. Perhaps you think that the officer will investigate your version of events, realize that you are completely innocent, and everything will be fine. You are as incorrect as the experts who worried that Miranda v. Arizona would eliminate all confessions. Both you and those experts falsely assumed that people are rational. People are not rational. And you are a person. Do you see where I am going with this?

You are smarter than this. I truly believe that you are. Talk to me before you talk to the police. And don't post all of the details about your specific situation like this person, who at least didn't go straight to the police department:

Notice the unanimous advice?