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How can I appeal a guilty verdict by jury trial for my lawyer not representing me properly?

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Location: Smithfield  |  Law type: appellate practice attorneys
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My case was continued by my lawyer almost 2 years. He refused to stay in contact with me . Caused me to get numerous F.T.As. I spoke with the DAs office as well as numerous other lawyers trying to get someone to tell me what to do to retain a new attorney..I was told repeatedly to continue to try to reach out to him. I tried to conference with him before my trial to go over my case. He never would make an appt for me. I asked about a plea and was told I was being indicted as a habitual offender which was not a fact. Of course as I figured I was found guilty. He appealed it immediately and I'm out on a $75,000.00 appeals bond waiting on the appeal with a appointed appellate defender. I guess he's appealing on the merit given by my trial lawyer concerning my rights being infringed upon, but I'm more with the fact he was not doing his job efficiently. How do I fix this 

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Legal Solution

The response provided below is specific to appellate practice attorneys in the jurisdiction of Smithfield. If the response is inadequate, please submit a detailed inquiry.

Analyzing the Legal Issue

Your situation involves a complex set of circumstances where you believe your criminal defense lawyer did not adequately represent you during your trial, leading to a guilty verdict. The issues you've raised, such as the failure to communicate, failure to prepare for trial, and providing misleading information regarding charges, can potentially form the basis for an appeal on the grounds of ineffective assistance of counsel. This is recognized under the Sixth Amendment of the U.S. Constitution, which guarantees the right to competent legal representation.

Relevant Legal Framework

Unfortunately, without knowledge of specific local laws, I cannot provide direct links to statutes or regulations. However, I recommend visiting the official website of your state's judicial system or the American Bar Association (ABA) for resources and information. For general legal guidance and to find the right lawyer for your appeal, you might consider platforms like Explore Lawyers.

Possible Solutions and Steps

  1. Communicate with Your Appointed Appellate Defender: It is crucial to discuss your concerns about your trial attorney's performance with your appellate defender. Detail all instances where you believe your attorney failed to provide adequate representation.

  2. Ineffective Assistance of Counsel Claim: Your appellate defender should evaluate the merits of claiming ineffective assistance of counsel on appeal. This would involve demonstrating that your trial lawyer's performance fell below an objective standard of reasonableness and that this deficient performance prejudiced your defense.

  3. Gather Evidence: Compile any evidence of your attempts to communicate with your trial lawyer and any responses (or lack thereof) you received. This can include emails, call logs, or written correspondence.

  4. Post-Conviction Relief: If your appeal does not address or resolve the issue of ineffective assistance, you may have the option to pursue post-conviction relief. This process can vary significantly by jurisdiction but generally allows for a court to review claims of wrongful conviction and inadequate legal representation after direct appeals have been exhausted.

Pricing Information

Legal fees can vary widely based on the complexity of the case, the attorney's experience, and the geographical location. Below is a hypothetical table of average costs for appellate and post-conviction representation in Smithfield compared to national averages:

Service Type Average Cost in Smithfield % Difference from National Average
Appeal $15,000 - $30,000 +10%
Post-Conviction Relief $5,000 - $20,000 +5%
Consultation with an Appellate Specialist $250 - $500 per hour +15%

Please note, these figures are illustrative and can vary. For specific pricing, it is best to consult directly with attorneys or firms in your area.

Complexity of Ineffective Assistance Claims

Ineffective assistance of counsel claims are inherently complicated due to the need to prove not only that the attorney's performance was deficient but also that this deficiency had a material impact on the outcome of the trial. Here are three brief case studies:

  1. Failure to Investigate: A defendant's conviction was overturned after demonstrating that their lawyer failed to investigate key witnesses, directly affecting the trial's outcome.

  2. Inadequate Expert Consultation: In another case, a conviction was reversed because the defense attorney did not consult with forensic experts, which would have challenged the prosecution's evidence.

  3. Misleading Client on Plea Offers: A conviction was vacated where the attorney failed to properly communicate plea offers, depriving the client of the opportunity to consider them.

Each of these scenarios required a detailed review of the trial record and often the presentation of new evidence demonstrating how the attorney's actions influenced the trial's outcome.

Relevant Questions for Further Assistance

  1. Can you provide specific examples of how your attorney failed to communicate or prepare for your trial?

  2. Did you have any written agreements with your attorney regarding the scope of their services and the strategy for your defense?

  3. Have you received any documentation or correspondence from your attorney that might indicate why they took certain actions or failed to take others?

These questions aim to gather more details about your case, which can be critical in assessing the potential for an ineffective assistance of counsel claim.

Frequently Asked Questions

Q1: How do I know if my lawyer's performance was legally inadequate?

Inadequacy is measured against an objective standard of reasonableness under prevailing professional norms. If your lawyer's actions or inactions were such that no competent attorney would have done the same, it might constitute inadequacy.

Q2: What does it mean to be prejudiced by my lawyer's performance?

Prejudice means that there is a reasonable probability that, but for your attorney's unprofessional errors, the result of the proceeding would have been different.

Q3: Can I appeal a conviction if I pleaded guilty?

Yes, in some circumstances. If you can demonstrate that your guilty plea was not made knowingly and voluntarily, possibly due to ineffective legal counsel, you may have grounds for an appeal.

Q4: How long do I have to file for an appeal or post-conviction relief?

Deadlines vary by jurisdiction but are typically strict. Consult with your appellate defender or another attorney as soon as possible to ensure you meet all deadlines.

Q5: Where can I compare lawyers in my area for my appeal or post-conviction relief?

A platform like Explore Lawyers can help you find the right lawyer by allowing you to compare qualifications, experience, and client reviews.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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