INEFFECTIVE ASSISTANCE OF COUNSEL - FEDERAL APPEALS ATTORNEY
Ineffective Assistance
of Counsel
Ineffective assistance of counsel is a legal term used to describe situations when an attorney’s performance falls below the standard of competence and professionalism expected of lawyers in criminal cases. In order to prove ineffective assistance of counsel, a defendant must show that his or her lawyer’s performance was deficient and deprived them of their constitutional right to a fair trial. This means that you must demonstrate not only that your attorney made mistakes or failed to meet professional standards, but also that those mistakes or failures lead directly to negative outcomes in your case.
If you want to appeal your criminal case conviction or you believe your trial lawyer did not represent you properly, please contact us immediately to see if we can help appeal your case.
Examples of Ineffective Assistance of Counsel
COMMON MISTAKES AND ERRORS
There are many ways in which your trial attorney may have been ineffective at defending you. The examples provided below illustrate the failures and errors that your attorney might have made, and each example could provide grounds for appealing your conviction:
Failing to investigate important facts or witnesses in the case
Failing to challenge the admissibility of evidence
Failing to prepare a defense strategy or call witnesses
Failing to communicate with the defendant or keep them informed about the case
Making errors during trial, such as misstatements of law or failure to object to improper statements or evidence
Failing to advise the defendant about the consequences of accepting a plea bargain
Again, it is important to note that these examples are failures and errors that your trial lawyer may have made when representing you. Although many trial lawyers will provide excellent service and defend you admirably in court, lawyers are only human, and mistakes will be made from time to time. If mistakes like the ones above were made, you certainly have the right to appeal your case and receive a fair trial.
The History of Ineffective Assistance of Counsel
In Strickland v. Washington, the United States Supreme Court established the legal standard for claims of ineffective assistance of counsel in criminal cases. The case involved a man named James Strickland who was convicted of murder and sentenced to death in the state of Florida. Strickland appealed his conviction, arguing that his defense attorney had provided ineffective assistance.
The Supreme Court ruled that to prove ineffective assistance of counsel, a person convicted of a crime must show that their attorney performed deficiently, meaning their performance fell below objective standards of adequacy. The defendant must also show due to the ineffectiveness of their attorney, the outcome of their trial was prejudiced or would have turned out differently. The Court explained that there is a strong presumption that an attorney’s performance falls within the range of reasonable professional assistance, and that it is up to the defendant to overcome this presumption by demonstrating that their attorney’s performance was deficient and prejudicial.
This standard has since been applied in many cases where defendants have claimed that they received ineffective assistance of counsel. To succeed on such a claim, a defendant must show that their attorney’s performance was not only deficient, but also had a negative impact on the outcome of the case.
Ineffective Assistance of Counsel and Whether To Appeal Your Case
THE APPEALS PROCESS
If you believe you received “ineffective assistance of counsel” during your trial, it is essential to contact a well-trained and highly experienced appeals law firm like Elizabeth Franklin-Best. When it comes to appealing your case, a professional appellate lawyer can help you in a variety of ways.
First, consult with an attorney who is experienced in handling appeals based on ineffective assistance of counsel. They can evaluate your case and advise you on whether you have a valid claim for ineffective assistance of counsel.
Evaluate your case
To support your claim of ineffective assistance of counsel, you will need to gather evidence that shows your attorney’s performance fell below the standard of competence expected in criminal cases, and that it resulted in a negative impact on your case. This evidence may include your attorney’s work product, court transcripts, and witness statements.
Gather evidence
To appeal your case will require following exact rules and procedures and supplying all the necessary documentation. An experienced appellate attorney will be able to prepare all of the necessary papers and documents and submit them in a timely manner to the correct court of appeals.
Prepare legal documents
Your attorney will file a motion for a new trial, which will argue that your trial lawyer provided ineffective assistance of counsel. The motion will include evidence to support this claim.
File a motion for a new trial
The court will hold a hearing to consider your motion for a new trial. At the hearing, you and your attorney will present evidence to support your claim of ineffective assistance of counsel.
Attend a hearing
The court will decide whether to grant you a new trial, and your attorney will explain the outcomes to you. If the court grants your motion, you will receive a new trial with a new attorney. If the court denies the motion, you may still be able to appeal the decision once again – this time to an even higher court of appeals.
Decision
Elizabeth Franklin-Best should be your top choice for filing your ineffective assistance of council claim
WHY US?
Ineffective assistance of counsel can have serious consequences for a defendant in a criminal case. If you believe that your attorney’s performance was deficient and prejudicial to your case, it is important to speak with a qualified appeals attorney to discuss your options and next steps.
At Elizabeth Franklin-Best, we pride ourselves in helping individuals who have been convicted of a crime to understand their alternatives and also to represent them when appealing their case. Contact us if you would like to schedule an initial consultation on your case or conviction.
INEFFECTIVE ASSISTANCE OF COUNSEL
COMMON FAQs
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Failing to investigate evidence or witnesses
Not filing important motions
Not communicating plea offers
Being unprepared for trial
Having a conflict of interest
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Yes. If you can prove your lawyer was ineffective and it affected your case, you may be able to get your conviction overturned or get a new trial.
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While it is possible to file an ineffective assistance claim without an attorney, it is highly recommended that you use an experienced appellate or post-conviction attorney because it can be legally complex and fact-intensive.
Jimmy C.
“Nothing in the court of law is guaranteed in today’s court systems but if you need a firm that will fight for you and knows the system and the laws then Elizabeth Franklin Best and her team is who you need to hire because she has done things that we thought would never be possible and give you and your family hope that there are still great attorneys that do right by law then you need to contact there firm cause you will not hire another attorney that will leave no stone unturned like there firm that’s why they truly are the BEST. Thank you Elizabeth you are the best of the best!!!”
READY TO SCHEDULE A CONSULTATION?
Time is of the essence in filing an appeal, so it is important to act quickly. We invite you to schedule a consultation to see if we’re the right fit for your case. To ensure every client receives the attention they deserve, we carefully choose the cases we take on as this gives us the ability to give each case the time, focus, and dedication it deserves.