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A basis for criminal appeals is ineffective assistance of counsel

On Behalf of | Jul 7, 2021 | Criminal Defense |

Your criminal case did not work out in your favor. A South Carolina jury declared you guilty. However, you don’t think you got a fair chance. You might have grounds for criminal appeals if your attorney’s assistance wasn’t up to par.

The court decides if you can claim an ineffective assistance of counsel

You might have your reasons for believing that your lawyer didn’t work hard enough on your behalf; however, the court looks at something else. For a court to determine that your criminal defense attorney was ineffective, there has to be some proof. For example:

  • The attorney didn’t mount the best defense possible.
  • The lawyer kept a biased juror rather than removing them during voir dire.
  • Your lawyer didn’t tell you that you had the opportunity to take a plea deal.

How to ask the court to look at the defense you received during trial

You would work with another attorney on filing criminal appeals. To find proof of ineffective representation, this attorney will review the trial’s record. They will talk to you about the conversations you had with the other lawyer.

The appellate attorney will then request an evidentiary hearing. At this hearing, they will make the case that your initial representation was ineffective and present proof. The court then examines the evidence. If the judge agrees, they will overturn your conviction. However, this doesn’t mean that you’re in the clear. The prosecutor may decide to file a new case against you.

If you are dealing with the aftermath of a criminal trial and believe that your representation was ineffective, protect your rights by discussing the case with a trustworthy lawyer.