NATIONALLY RECOGNIZED FEDERAL LAWYERS
When Ineffective Assistance of Counsel Can Overturn a Conviction in Chicago
|Last Updated on: 1st October 2023, 03:24 pm
When Ineffective Assistance of Counsel Can Overturn a Conviction in Chicago
Getting convicted of a crime is scary, I know. You feel like your life is over. But don’t lose hope! Just because you’ve been convicted doesn’t mean you’re out of options. If your lawyer messed up and didn’t properly defend you, you may be able to appeal your conviction and get a new trial. Let’s break it down so you understand when you can claim “ineffective assistance of counsel” in Chicago.
What is Ineffective Assistance of Counsel?
Your lawyer has a duty to provide you with a proper defense. If they fall short, it’s called “ineffective assistance of counsel.” For example, if your lawyer didn’t investigate your case, didn’t prepare for trial, didn’t object to inadmissible evidence, or didn’t present key defenses, that could count. There are lots of ways a lawyer can mess up. The key is that their mistakes negatively impacted your case.
How Do I Claim It?
You can’t claim ineffective assistance during your direct appeal after conviction. You have to file a separate “post-conviction petition” claiming ineffective counsel. This is a request to the court to evaluate your lawyer’s performance and consider overturning your conviction. You’ll need a new lawyer’s help filing the petition properly with convincing arguments. It’s not easy, but it’s worth a shot if your trial was unfair!
What Do I Have To Show?
To prove ineffective assistance, you must show: 1) your lawyer’s performance fell below objective standards of reasonable representation, AND 2) this deficient performance negatively impacted your case. Both prongs must be satisfied. It’s not enough if your lawyer was bad – you have to show it actually hurt your defense.[1]
What Counts As Ineffective Assistance?
Some common examples include:
- Failing to investigate your case or interview witnesses
- Not preparing for trial properly
- Failing to make important objections
- Not presenting key evidence or defenses
- Making mistakes that hurt your case
Pretty much any major error or omission by your lawyer that affected your trial can qualify as ineffective assistance. But you’ll need to show exactly how it impacted your case.
What If My Lawyer Missed A Deadline?
If your lawyer missed an important deadline for filing documents or appeals, that can absolutely count as ineffective assistance. Procedural screw-ups that ruin your ability to properly defend yourself are not okay. But you still have to show exactly how missing the deadline negatively impacted your specific case.
Do I Need To Show “Actual Innocence”?
No! You do NOT have to prove you are actually innocent to show ineffective assistance. You just need to show your lawyer’s mistakes negatively impacted your trial and conviction. Even if you’re guilty, you have a right to competent representation.[2]
What If My Lawyer Ignored My Instructions?
If you told your lawyer you wanted to testify or present certain defenses, but they ignored you, that can be ineffective assistance. The lawyer has a duty to reasonably follow the client’s instructions for the defense strategy.
Can I Complain About My Lawyer’s Trial Strategies?
Not really. Disagreements over trial strategy usually won’t support an ineffective assistance claim. There can be many reasonable strategic decisions. But if your lawyer’s strategic choices were completely unreasonable and hurt your case, you may have an argument.
What If I Just Didn’t Like My Lawyer?
You’re not guaranteed a lawyer you like. But if there was a serious breakdown in communication or your lawyer didn’t keep you informed about the case, those could impact their performance. Still, you need to show exactly how it hurt your defense.
Do I Need A New Lawyer To Claim This?
Yes, you’ll need a new lawyer’s help filing a petition claiming your trial lawyer was ineffective. Your new lawyer can evaluate whether you have a solid ineffective assistance claim worth pursuing.
What If My Claim Is Rejected?
If the court rejects your ineffective assistance claim, you can appeal that decision to a higher court. But it’s an uphill battle. Courts give a lot of deference to lawyers’ trial strategies. Still, don’t give up if you have a legitimate claim – fight for your rights!
The bottom line is you can appeal your conviction if your lawyer seriously messed up in a way that hurt your case. It’s complicated, so talk to a lawyer to discuss your options. With their help, you may get a second chance to defend yourself. Don’t lose hope – you still have rights despite your conviction!