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What Do You Have to Show for Ineffective Assistance?

July 8, 2020 Federal Criminal Attorneys

Deciding On An Appeals Strategy

In the event that you ended up a guilty verdict in your federal criminal case, it’s important to keep in mind that your legal battle is not at an end—in fact, it’s actually only beginning. Now is the time to think carefully about your options and arrive at the best course of action for your future. You might want to consider putting in an appeal to get your sentence lowered or your conviction overturned, potentially clearing your good name entirely. Although appeals take a very long time and are difficult to win, you have a legal right to appeal and  it is possible to receive your desired result with the help of a skilled federal appellate attorney. You also have the option of filing a post-conviction motion. Your attorney will examine every detail of your case and help you decide on the most effective strategy.  The appeals strategy may include demonstrating that your initial trial attorney was ineffective. 

Winning an Ineffective Assistance of Counsel Challenge

The constitution lays out your right to an effective attorney. If you are of the belief that the attorney that represented you during trial did not do his or her job well, then you may be able to present this to a judge and possibly have the outcome of your case reversed. If you decide you wish to successfully prove that your federal defense attorney was ineffective, you will need to demonstrate two things:

  1. The first is that your attorney did not do their job as well as he or she should have. 
  2. The second thing you need to show is that your attorney’s mistakes were significant and had a profound impact on the outcome of your case. 

Your appellate attorney will figure out the best way to demonstrate these two things.  Doing this successfully will put you on course to receive a fair hearing.

How Your Trial Attorney May Have Fallen Short

For example, if your lawyer neglected to interview witnesses to prepare your defense, then they did not meet a reasonable standard of representation. Your new lawyer will then determine how this shortcoming impacted the outcome of your case.  The task then is to show that if you had a skilled attorney, then your case would have turned out differently. Working with a seasoned federal defense attorney for your appeal is extremely critical.  It may mean the difference between facing an excessively harsh punishment and clearing your good name.



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