Reporting Ineffective Assistance of Counsel in New York

Reporting Ineffective Assistance of Counsel in New York

If you feel like you received ineffective assistance from your attorney during a criminal case in New York, you may be able to challenge your conviction or sentence. But it’s important to understand what “ineffective assistance” means legally, and how to properly report it.

What is Ineffective Assistance of Counsel?

The 6th Amendment to the U.S. Constitution guarantees criminal defendants the right to an attorney. But having just any attorney isn’t enough – you’re entitled to a reasonably competent one. If your lawyer’s performance was deficient and negatively impacted your case, that’s considered ineffective assistance of counsel.

There’s a two-part test to determine if ineffective assistance occurred:

1. Your attorney’s performance fell below an objective standard of reasonableness
2. You were prejudiced by your attorney’s deficient performance

Examples could include your lawyer failing to investigate your case properly, not calling key witnesses, refusing to file important motions, operating under a conflict of interest, or making serious errors during your trial.

But just because you’re unhappy with the outcome doesn’t necessarily mean your lawyer was incompetent. They’re allowed to use discretion and strategy. The bar for proving ineffectiveness is high.

When to Report Ineffective Assistance

If your criminal case is still ongoing, report any concerns about your attorney’s performance to the judge right away. They may appoint you a new lawyer. Don’t wait until after conviction or sentencing – raise the issue as soon as you notice problems.

If your case is already over, you can challenge your conviction or sentence by filing an “ineffective assistance of counsel” claim. Do this through one of the following options:

Direct Appeal

After being convicted and sentenced, you have the right to directly appeal your case to a higher court. Your new appellate attorney can raise ineffective assistance of counsel as one of the appeal grounds. This is usually the fastest way to get a conviction overturned due to ineffective assistance.

State Collateral Review

If you already lost your direct appeal, you may be able to file a collateral motion in state court claiming ineffective assistance. This is a separate legal proceeding asking the court to vacate your conviction or sentence. For example, you could file a motion under New York Criminal Procedure Law § 440.10.

Federal Habeas Corpus

After exhausting state remedies, you can file a habeas corpus petition in federal court alleging ineffective assistance of counsel. This requests the federal court review your case and rule that your custody violates the Constitution. Habeas relief is difficult to obtain and should be a last resort.

How to File an Ineffective Assistance Claim

To successfully argue ineffective assistance of counsel, you’ll need to include details on exactly how your attorney performed deficiently and how it impacted your case. Some tips:

• Be specific – explain what your lawyer should have done but failed to do at each stage of your case
• Provide examples – point to specific errors your lawyer made, with evidence if possible
• Show prejudice – demonstrate how the outcome likely would have been different with competent counsel
• Use affidavits – get sworn statements from witnesses about your lawyer’s errors
• Research case law – find other similar cases where ineffective assistance was found

Work closely with your new appellate or post-conviction attorney to put together the strongest argument possible. They can help craft your claim and gather supporting evidence.

Possible Outcomes if Ineffective Assistance is Proven

If the court agrees your lawyer provided ineffective assistance, some potential remedies include:

• New trial – your conviction and/or sentence is vacated and you receive a new trial
• Plea withdrawn – if related to plea bargaining, your guilty plea can be withdrawn
• Charges dismissed – charges may be dismissed completely in serious cases
• Sentence reduction – your sentence may be shortened as a remedy

The court has broad discretion to fashion an appropriate legal remedy tailored to how ineffective assistance specifically impacted your case.

Challenges of Ineffective Assistance Claims

While you have a constitutional right to an adequate defense, ineffective assistance claims face an uphill battle. Some challenges include:

• High legal standard – courts give attorneys “wide latitude” and are hesitant to second guess strategy
• Deference to trial counsel – appellate judges dislike critiquing colleagues on the bar
• Hindsight bias – easier to critique lawyer performance after a case is over
• Need for evidence – requires fact investigation and witness testimony to support
• Narrow time limits – strict filing deadlines for post-conviction challenges

Given the difficulties, having an experienced post-conviction attorney argue your ineffective claim is crucial. Be prepared for it to potentially take years to resolve through the appeal process. Patience and perseverance are key.

Conclusion

Receiving ineffective assistance from your defense lawyer can unjustly lead to conviction or harsh punishment. But remedying the situation through the justice system takes knowledge, time, and dedication. Learn the ineffective assistance standards, document all examples of deficient performance, demonstrate the prejudice you suffered, and work closely with attorneys to have your claim heard. With commitment and effort, an ineffective assistance finding could potentially lead to your conviction being overturned, charges reduced, or a new fair trial.

Strickland v. Washington, U.S. Supreme Court (1984)

New York Criminal Procedure § 440, New York State Unified Court System

Ineffective Assistance of Counsel, Legal Information Institute

Ineffective Assistance of Counsel, New York Court of Appeals

ABA Standards for Criminal Justice: Defense Function, American Bar Association