Arguing Ineffective Assistance of Counsel – What You Need to Know
The Sixth Amendment to the U.S. Constitution states that people accused of crimes have the right to a criminal defense attorney. This is why people who cannot afford a lawyer are often provided some sort of public defender. This is true whether they live in Texas or any state. In Travis County, people in financial need are typically appointed attorneys through the Capital Area Private Defender Service. Every county has a slightly different system.
The U.S. Supreme Court has taken the right to “assistance of counsel” a step further – according to the highest court in our land, everyone is guaranteed the right to an effective defense lawyer. An ineffective defense impedes a person’s constitutional right. Everyone, no matter their station in life, deserves quality representation when facing criminal charges.
Unfortunately, criminal defense attorneys -- court-appointed or not -- sometimes fail to do right by their clients. If you believe you were wrongfully convicted of a crime in Texas because of incompetent lawyering, you may be able to overturn the conviction through a complex legal process known as a writ of habeas corpus. An experienced post-conviction attorney, such as Chris Perri Law based in Austin, Texas, can help you file a writ.
Put simply, no one should go to prison because their lawyer did a bad job.
What constitutes ineffective assistance of counsel?
According to the U.S. Supreme Court, an attorney’s counsel is deemed ineffective if it “so undermined the functioning of the adversary process that the trial cannot be relied upon as having produced a just result.”
Basically, the attorney must have acted so poorly that it hindered your constitutional right to a real defense. Losing a trial or failing to get the plea deal you wanted doesn’t necessarily constitute ineffective assistance of counsel. Rather, “ineffective assistance of counsel” occurs when both of the following facts are true:
A) The original criminal defense lawyer committed specific acts of incompetence, AND
B) There is a reasonable probability that the outcome of the trial and/or sentencing would have been different had the lawyer acted with greater competence.
To reverse your conviction due to ineffective assistance of counsel, you have to prove that your lawyer’s performance and/or advice was deficient, and then you must prove that the deficiency was so egregious that it led to your conviction.
Examples of ineffective assistance claims include:
Failing to attend hearings and court dates
Failing to object to objectionable evidence or testimony offered by the prosecution
Failing to learn the law applicable to the case
Sleeping or arriving intoxicated during trials or court proceedings
Failing to report conflicts of interest
Failing to conduct DNA testing
Failing to bring forth essential witnesses or to investigate potential defenses
Failing to enlist necessary experts to challenge prosecution’s theory
Misrepresenting the consequences of a plea deal
Failing to communicate a plea offer
And more
Proving Ineffective Assistance of Counsel in Texas
In Texas, the courts are especially resistant to overturning convictions unless the case presented before them is extremely solid. This is why it’s essential to invest in an appellate attorney with extensive experience filing writs and achieving success – someone who has actually overturned wrongful convictions, like Chris Perri Law.
Further, be sure to pass on any evidence you have of your original attorney’s misconduct or neglect, such as text messages or voicemails, to your new post-conviction criminal defense lawyer. This will help them make the most persuasive argument possible.
Based in Austin, Chris Perri Law Can Help With A Writ
Unlike most defense attorneys in Texas, Chris Perri has a proven track record of helping people pursue post-conviction remedies, such as appeals and writs, at both the state and federal level. Serving Travis County, Hays County, Bastrop County, Williamson County, Bell County, Burnet County, and throughout Texas, he has successfully helped clients reverse wrongful convictions, and he can help you, too.
Understandably, if you’ve had a bad experience with a prior lawyer, it can be hard to trust a new one. In addition to providing the best possible legal service, our firm prides itself on having excellent communication and treating everyone with dignity, no matter their criminal charge, which is why we won the 2020 Clients’ Choice Award. We understand the stress and hardship of the unfair criminal justice process. If you hire our firm, you’ll have a listening ear and zealous advocate for you at every step of the way.
A criminal conviction doesn’t mean all hope is over – it means now is the time to fight harder than ever. For a free case consultation, call Chris Perri Law at (512) 269-0260 or contact us here today.