I am a criminal defense lawyer and I am engaged in negotiations with an assistant district attorney for a plea bargain. During the discussions, the prosecutor advised me that she would amend the bill of information to add more serious charges if the client did not take the plea. Is that unethical, or a violation of the Rules of Professional Conduct?

In Pennsylvania, there is very little regulation of plea bargaining. The courts are not supposed to be involved in the plea-bargaining process and the give and take of the plea-bargaining negotiations are acceptable. The only thing that would be wrong would be if the prosecutor knew there was no evidence and continued to insist on a bargain.

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