substandard defense

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substandard defense

I was recently represented in Iowa by the PDO in a criminal case being charged with assault causing bodily injury and false imprisionment. I’ve felt from the beginning I was being ”railroaded”. I had recieved a deferred judgement on a assault charge in January 09 with same victium on a plea I accepted for a charge I was innocent of. Stupid me. Everthing I told my attorney seemed to LEAK to C.A. I was not allowed to testify on my own behalf. He never presented impeachments we had and was found guilty on simple assault. What can I do? He even helped C.A. get overhead projector going.

Asked on June 17, 2009 under Criminal Law, Iowa

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you feel that you have received substandard legal representation, there are several avenues that you can pursue.  A habeas corpus petition, whereby you allege ineffective assistance of counsel, may be available to you.  Habeas petitions have two main elements:  that your lawyer made a mistake(s), and that you suffered negative consequences as a result.  Another avenue that you may be able to pursue is to file a grievance with your state bar association ethics board.  However, since both of these options rely on rather complicated areas of law, I suggest that you consult with and/or retain an attorney experienced in the areas of criminal defense and/or professional liability to determine the merits of your potential claim and the best way for you to proceed forward at this point.


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