If you saw any of these 5 signs of ineffective counsel during your criminal proceeding, you may have grounds for an appeal.
Criminal defense attorneys have a responsibility to represent their clients’ wishes faithfully and present the best possible defense based on the evidence and the circumstances of the case. However, some attorneys are not as professional as others and may not provide the level of service you expect and deserve.
Just because your attorney didn’t win your case doesn’t necessarily mean they’ve done anything wrong—the evidence against you may have simply been too strong. However, when your attorney’s mistakes or incompetence cause you to lose your case, you may have grounds for an appeal based on the concept of “ineffective assistance of counsel.” If a judge agrees with your assessment of your attorney’s incompetence, he or she may order a new trial, giving you the opportunity to hire an expert criminal defense attorney like Dan E. Chambers to represent you and hopefully secure a more favorable outcome.
Here are 5 signs that you may have grounds for an appeal based on ineffective counsel.
1. Your attorney did not consult you about important decisions. A criminal defense attorney should advise you of the best legal strategy to adopt in any particular case, but they should not unilaterally choose your strategy for you. They should also refrain from pursuing any deals or plea bargains without your consent.
2. Your attorney did not file notices on time. There are many different notices to be filed in a criminal case, some of them quite time-sensitive. If your attorney repeatedly missed filing deadlines this could be a sign that they are incompetent.
3. Your attorney did not behave professionally. Professional behavior is subjective, but if you believe that your attorney’s manner of dress, speech, or comportment was noticeably different than other attorneys and negatively influenced the judge or jury, you can argue that reasonable standards of professionalism were not met.
4. Your attorney was impossible to communicate with. During a criminal proceeding, you will no doubt have many questions and you deserve to get answers phrased in common language you can understand. If your attorney failed to return your calls and showed a complete disregard of your right to be informed about your own case, this is a tell-tale sign of ineffective counsel.
5. Your attorney made an error in terminology or procedure during the trial. While any attorney can make a mistake or a slip of the tongue, if you are already suspicious of your attorney’s competence a mistake like this can be the last straw. Pay particular attention if the judge or opposing counsel ever has to correct your attorney during the trial.
Ready to Start an Appeal?
Consult expert criminal defense attorney Dan E. Chambers for a free consultation and learn whether your case for ineffective counsel has merit.
