“I DON’T THINK MY CRIMINAL DEFENSE LAWYER IS DOING HIS JOB ON MY BEHALF. AM I STUCK?”
Let’s first look at a recent United States Supreme Court case in point.
On January 18, 2012, the Court rendered its decision in Maples v. Thomas. The case wasa criminal appeal from a gentleman who had been found guilty of murder and sentenced to death in Alabama state court. Later, he sought post conviction relief in state court under Alabama Rule 32, alleging, among other things, that his trial attorneys failed to give him the effective assistance that is guaranteed by the Sixth Amendment.
Part of the problem was that this petitioner had missed the deadline before which such an appeal could be filed. Under the local law, his rights for such an appeal were therefore waived. The question became whether the facts of this particular case were enough “cause” to excuse this procedural default in state court.
Last week, the Court held that he had shown such cause as he had been abandoned by his lawyer and left unrepresented during the time he would have had to file. The Court further found that he lacked any knowledge of such deadlines on his own.
Attorney Sam’s Take On Incompetent Counsel
Being prosecuted for a crime, whether you are guilty or innocent, is hell. Nothing is going to change that. However, it is the belief of this Boston criminal lawyer that one thing that can make the experience more palpable is to have a defense attorney in whom you have faith and feel comfortable with.
“What if my case has been pending for awhile? Isn’t it too late to switch?”
Usually, no. However, the closer a case comes to trial, the more difficult it can be. Obviously, if you fire your attorney, your new attorney will need time to get up to speed in the case. This will cause a delay. Judges do not like such delays and often, if the requested change is on a trial date, will deny such a continuance.
“What if I do not realize that the lawyer did not do his job until during the trial? Can I switch then?”
While one never says “never” to anything in the justice system…I would put the answer to that question under the “no” category. There are various reasons why such a switch at that time would be unfeasible.
“So, then, there is nothing I can do about it? Ever?”
I did not say that.
Incompetent counsel is a basis for two means of attacking a guilty verdict. One is a Motion For A New Trial and the other is an appeal. Cases differ, of course, and it is best to consult an experienced criminal defense attorney to figure out which approach is best.
<"blockquote>What if I pleaded guilty because I had no faith in my lawyer?”
Then you have a difficult problem. By pleading guilty, you have waived your right to most possible appeals. However, you can still bring the motion to get a new trial.
“Will it be easy to win that motion?”
No. You will have to make a showing, in most cases, that your plea of guilt was not knowing and voluntary.
“Well, doesn’t the fact that I felt I had to plead guilty because I did not think my lawyer could adequately represent me at trial show that it was not voluntary?”
Again, sadly, no. You see, the law does not really recognizeor accept such realities. Further, anybody could claim they pleaded guilty because of lack of faith or because they thought they would lose at trial. Pleas of guilt are treated very seriously in the criminal justice system. They are, after all, sworn statements.
This is why it is very important that you have a lawyer in whom you have faith as early as possible. You can be prejudiced with each day that goes by that you do not do so. Often, such lawyers are expensive. Certainly more expensive than court-appointed attorneys. You have to realistically consider how much your future and liberty are worth to you. Do not make the mistake in thinking that, because you believe yourself to be innocent, that even a trained chimpanzee can get you your acquittal. Reality does not work that way.
“Are only expensive attorneys good? Are all court appointed lawyers incompetent?”
Not at all. Some court appointed attorneys are quite good. Some are not. Some private attorneys are quite good. Some are not.
What you need to do is be active in checking out the alternatives and find the lawyer in whom you feel comfortable and competent.
Act as if it is a life-altering decision.
Because it probably will be.
To view the actual Supreme Court Decision which is explored in today’s blog, please go to http://www.law.cornell.edu/supremecourt/text/10-63
