What are my legal rights against ineffective counsel? 8 Answers as of August 04, 2011

While going through my court procedures, my attorney only appeared once or twice. Should the judge have to talk with him or throw out my charges for ineffective counsel? Also the judge sent me to jail for a 90 day observation, is that sentencing procedures?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm sorry if you feel you've not been well-represented. If you think you have an IAC argument, you can raise it with the judge. It's called a Marsden motion and the courtroom is mostly cleared so you can speak freely. You can tell the judge that there has been an irretrievable breakdown of the attorney/client relationship. These motions are, however, seldom granted and, if they are, you have no say in who your new attorney will be. The 90-day observation is simply something that is ordered if the judge feels you may have mental issues that are relevant to the case.
Answer Applies to: California
Replied: 8/3/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
This is not sufficient information to determine if your attorney did a proper job or not. Many times cases can be resolved in one or two court appearances other times it can take countless appearances and a trial to get a matter resolved. If you think you have a claim you can contact another criminal attorney and get their thoughts.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can file a motion with the court to have your conviction withdrawn and give you a new trial. This is only if you were convicted at trial. If you entered a plea of no contest or guilty then you have no resource to get it change. What is the observation for? I need to know that before answering your last question.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
The US Supreme Court case of Strickland v. Washington 466 U.S. 668 sets up the criteria for ineffective assistance of counsel. Essentially, it is when the representation is so bad that you were denied the right to a fair trial. The representation must have also resulted in some prejudice to the defendant. The courts won't second guess a lawyer's tactical decisions. Basically, if the lawyer can explain, tactically, why he acted or failed to act in the manner you are criticizing, then it's not ineffective assistance. In your case, you'd have to show (because it is your burden to do so) that (1) the lawyer did such a bad job as to fall outside of the accepted standards and (2) based on the lawyer doing a bad job, you got a worse deal than you would have otherwise gotten if his representation was adequate. There are not enough facts to answer the second part of your question about 90 day observation. Sincerely,
Answer Applies to: California
Replied: 8/2/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can always hire new private counsel. If instead you have a Public Defender you can ask the PD office or the court to appoint a replacement, if you can show valid good cause. Observation is for psychiatric examination to determine competence, and not generally done at jail, but at a medical ward or facility. If the court merely continued your case for a hearing in 90 days, you'll have to wait until then, unless you can get the PD or private counsel to step in and do something earlier.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Without knowing way more details of your case and the situation, there's no way to answer your question. A 90 day observation (aka a 90 day diagnostic) is to determine if probation or prison is the appropriate sentence. I assume your attorney was trying to get you probation instead of state prison. From there, your question is way too vague to answer further.
    Answer Applies to: California
    Replied: 8/2/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You need to sit down with your entire file with an experienced criminal defense attorney to see if you have grounds to make a motion to set aside your plea based upon incompetence of counsel. No lawyer could advise you without reviewing the entire file.
    Answer Applies to: California
    Replied: 8/2/2011
Click to View More Answers: