Ineffective Assistance Counsel Claims

December 13, 2012 | Uncategorized

Losing your criminal case is a stressful and often scary experience, which only gets worse if you learn that your attorney at trial could have done more to represent you. If your trial attorney did not provide you with adequate representation, you may be able to overturn your conviction for ineffective assistance of counsel. A Fairfield County appeals attorney can help you fight your case on appeal.

What Constitutes Ineffective Assistance Of Counsel?

In New York, ineffective assistance of counsel means representation that falls below an objective standard of reasonableness. What is reasonable will be determined by looking at your case as a whole. This does not mean that your trial lawyer cannot have made any mistakes, but rather that his performance was so deficient that you were denied “meaningful representation.” A Fairfield County appeals attorney will help you determine if the errors in your case rise to this level.

If My Lawyer Was Ineffective, Will My Conviction Be Automatically Overturned?

Unfortunately, your conviction will not be overturned just because your lawyer was ineffective. You will also need to show that were ultimately denied a fair trial. Unlike the Federal standard, this does not mean that you must show that “but for” your trial counsel’s mistakes, the outcome would have been different. However, if you received a fair trial despite your lawyer’s errors, your conviction will likely stand.

If you believe that you were denied a fair trial by the inadequate representation of your attorney, you should consider an appeal. Mitchell Baker is an experienced Fairfield County appeals attorney who is ready to help you with your case. Call 1-914-681-9500 for a complimentary consultation today.