if a person can prove beyound a reasanable doubt that the attorny provided to them did not represent them to the best of his abillaty can anything

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if a person can prove beyound a reasanable doubt that the attorny provided to them did not represent them to the best of his abillaty can anything

be done after the fact

Asked on May 23, 2009 under Criminal Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is generally something that is made by a motion called "ineffiective assistance f counsel."  This is not an easy thing however to prove.  you need to show that the lawyer failed to investigate, make objections to evidence that should not have come in and that the admission of certain evidence was harmful beyond a reasonable doubt, among other things.  I suggest obtaining counsel to review the trial transcript and file to determine whether grounds for such a motion exist.  While this is commonly filed by defendants that lose at trial, it is rarely won.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ineffectual counsel can be grounds for appeal which is done after the fact.  However, the grounds for such an appeal may be very different from what you term is representing a person "to the best of his ability."  Consulting an appeals attorney is a good idea both to see if there are grounds for this argument on appeal and if there are other grounds as well.  It could be tricky. 


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