Can a case be thrown out for misrepresentation?

Asked almost 2 years ago - Albany, NY

Grand jury sent the case to trial.......jury found my son guilty. His public defender never called any witnesses on his behalf. Told family members we can't be present in case he calls us. No taint hearing , the testimonies of the plaintiff differed from the 1st story. Cops lost evidence for the case. DA had testimonies from professionals that had different stories as well.

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . The lawye was right to keep you out of the courtroom if there was a chance he would call you as a witness. Witnesses often give inconsistent statements. It is up to a jury what to believe. Did the Judge give a lost evidence charge? An appellate lawyer would have to read the transcript to see if claim can be made that the trial lawyer was inefffective.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Joshua Sachs

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . A conviction can be vacated on post-trial motion, appeal or collateral review upon a successful showing of constitutionally ineffective assistance of counsel. Such a showing is very, very difficult to make with any chance of success. The allegations you recite in your posting probably won't even come close, but much depends on the details of the case. Consult an attorney familiar with New York criminal appellate and collateral practice.

  3. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . I don't know about misrepresentation but those are appealable issues.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Jay K Goldberg

    Contributor Level 16

    3

    Lawyers agree

    Answered . These sound like issues of fact and tactical decisions by the lawyer. Usually, these are not grounds for an appeal. Discuss these issues with the appeals lawyer.

  5. Lois R Beasley-Carlisle

    Pro

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . What you seem to be asking is if you have an ineffective assistance of counsel claim. As the other attorney stated, get the transcript. Since he had a public defender he can probably get the transcript for free. Ask the public defender if he can appeal it and talk to another attorney about his rights on appeal immediately because time is running.

    There are many factors that can affect how best to handle this matter and the best advise is usually to hire an... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,781 answers this week

2,940 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,781 answers this week

2,940 attorneys answering