Last Updated on: 13th October 2023, 08:21 pm

What Do You Have To Show For Ineffective Assistance?

Getting accused of a crime is scary. Even if you’re innocent, the legal system can be confusing and overwhelming. Where do you start? Who can you trust? If you end up with a bad lawyer, it can ruin your case. This article looks at ineffective assistance of counsel – what it is, how to spot it, and your options if it happens to you.

What is ineffective assistance of counsel?

The 6th Amendment gives you the right to an attorney if you’re accused of a crime. But not just any attorney – you’re entitled to a competent one. If your lawyer screws up badly enough, it’s called “ineffective assistance of counsel.” This means they failed to provide an adequate defense.

There’s no simple test for ineffective assistance. Courts look at two main factors:

• Your lawyer’s performance was deficient. They made serious mistakes that no reasonable attorney would have made.
• You were prejudiced. There’s a good chance the outcome would’ve been better with a competent lawyer.

If both are true, you may have grounds for an appeal. But the bar is high – minor mistakes usually won’t cut it.

Examples of ineffective assistance

Here are some common ways lawyers drop the ball:

• Not investigating your case or calling key witnesses
• Failing to get important evidence thrown out
• Botching plea bargain negotiations
• Missing deadlines or showing up unprepared
• Refusing to let you testify or give your side
• Having an obvious conflict of interest
• Not objecting to serious trial errors

If your lawyer was drunk or asleep at trial, that’s ineffective assistance for sure. But courts give attorneys a lot of leeway for strategy calls. Just because you disagree with their tactics doesn’t mean it was deficient. You have to show they made objectively unreasonable choices that harmed your case.

How to identify ineffective assistance

If you have a bad feeling about your lawyer, trust your gut. Here are signs they may not be up to snuff:

• They don’t return calls or show up to meetings
• They pressure you to take a guilty plea
• They don’t explain the case or answer your questions
• They seem clueless at hearings or make no objections
• They miss filing deadlines or show up unprepared

Of course, no lawyer is perfect. But if multiple red flags pop up, it may be grounds for a new attorney. Don’t wait until after conviction – the sooner you act, the better.

What to do about ineffective assistance

If you suspect ineffective assistance, first discuss it with your lawyer. Explain your concerns and give them a chance to fix mistakes. If that doesn’t work, consider getting a second opinion from another attorney. They can review your case and advise if your lawyer is incompetent.

If it’s too late because your case is over, you can raise ineffective assistance on appeal. You’ll have to show how specific errors affected the outcome. This can get technical, so work with an appellate lawyer. New evidence usually can’t be introduced at this stage – your argument must stick to the trial record.

Another option is to file a habeas corpus petition. This is a separate civil action claiming your imprisonment is unlawful due to constitutional violations at trial. New evidence can be presented in habeas proceedings. But the bar is still high, and you only get one shot absent special circumstances.

What happens if your claim succeeds?

If a court agrees you had ineffective assistance, the remedy depends on when you raised it:

• Direct appeal – Your conviction is reversed and you get a new trial
• Habeas petition – Your conviction is vacated and you’re released or retried

The court can also modify your sentence or plea while leaving the conviction intact. Bottom line, proving ineffective assistance gives you another chance to fight the charges and get justice.

Avoiding problems with your lawyer

While you can’t control how your lawyer handles your case, there are steps to reduce the odds of issues:

• Research attorneys thoroughly and check reviews
• Choose a public defender or hire a private lawyer?
• Make sure you’re comfortable with their experience and fees
• Interview multiple lawyers before deciding
• Be proactive and communicate often
• Don’t be afraid to ask questions or voice concerns

The lawyer-client relationship is vital. You need someone competent who will fight for you. If it’s not a good match, don’t stick with a bad lawyer just because you already paid them. Your freedom is on the line.

The bottom line

Ineffective assistance of counsel is a nightmare, but not an automatic get-out-of-jail-free card. The grounds are limited, and courts give lawyers lots of leeway. But if yours makes serious mistakes that harm your case, you may have recourse for an appeal or new trial. Don’t wait – take action ASAP if you suspect you have a lemon lawyer.

Facing criminal charges? You need someone who will build the best defense and have your back. Get in touch today to discuss your case in a free consultation.