Can a case be thrown out for misrepresentation?

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.

Albany, NY -

Attorney Answers (5)

Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
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
Mark as helpful
Sponsored Listing
Joshua Sachs

Joshua Sachs

Criminal Defense Attorney - Evanston, IL
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.

Mark as helpful
Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
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
Mark as helpful
Sponsored Listing
Jay K Goldberg

Jay K Goldberg

Criminal Defense Attorney - New York, NY
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.

Mark as helpful
Lois R Beasley-Carlisle

Lois R Beasley-Carlisle

Criminal Defense Attorney - Birmingham, AL
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
Mark as helpful

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer