Can you file a motion for ineffective counsel on yourself.

Asked over 1 year ago - Allentown, PA

I represented my self at trial and lose didn't know what I was doing just thought if I explain what happen to the jury they would had seen I was telling the truth but they didn't they believe the DA I was believing the DA .

Attorney answers (3)

  1. Forest Dean Morgan

    Contributor Level 17

    3

    Lawyers agree

    Answered . No. You cannot claim that you, representing yourself pro se, were ineffective. Moreover, because you likely failed to object to inadmissible evidence, you would likely not be successful on appeal because you likely failed to preserve issues for appellate review.

    If you have not been sentenced, you may wish to consider consulting with an attorney to help make the best case possible to avoid severe consequences.

  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is really little I can add to the outstanding response you received from Attorney Morgan. If I'm not mistaken today's question is another version of one you posted within the past few days. As you clearly understand now, your decision to represent yourself was a huge mistake. While I agree with the suggestion made to consult with an attorney to see if anything can be salvaged at this point, I would not get my hopes up if I were you.

  3. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . It's very difficult to establish an ineffective assistance of counsel even if you had an attorney at law as a counsel. Your decision to proceed pro se was undoubtedly made with eyes open and you were fully aware that the Constitution provided you a right to have an attorney defend you free of charge if you could not afford it. You were undoubtedly warned by the Court not to represent yourself pro se and that you were aware of the possible pitfalls of doing so.

    Your idea that the jury would believe you rather than the DA because you believed to be telling "the truth" was naive and most lawyers would have told you so, that you needed a more compelling defense than "I didn't do it". Now you are not in any position to claim that you did not receive effective assistance or derive any benefit from the fact that you screwed up your own trial worse than any attorney would have done it. You have neither legal or equitable grounds to make this claim.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more

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