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If your need to appeal & the assigned lawyer did not act in your best interest, (leaving out evidence that would have helped)

Lancaster, PA |

how would I obtain new counsel, if im claiming ineffective assistance of counsel and/or prosecutorial misconduct. I can not us PD since the other person involved utilized them.

Attorney Answers 4

  1. You cannot claim ineffective assistance of counsel until after your case has been heard on direct appeal, and in any event ineffective assistance is much harder to show than a legal error.

    If you have not been sentenced yet, at sentencing you can ask the court to appoint new counsel for appeal. The court may say no, but that is the best time to do so.

  2. He has 10 days to ask for reconsideration and 30 days to appeal. The defendant is entitled to a free lawyer if he cannot afford one. He shod ask the court to appoint a new lawyer.

  3. I agree with my colleagues. The issues that you raised are issues for PCRA as opposed to appeal (unless your attorney objected to the pros. misconduct) and therefore premature. I advise you to sit with an attorney to discuss your case.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

  4. If you have not been sentenced yet, you must pass that stage in the criminal process before you can appeal. At sentencing you can ask the court for a new lawyer to pursue your appeal, but the decision is up to the court. Either way, you must then exhaust any appeals before you can claim that your trial level appointed lawyer was ineffective. Ineffective assistance of counsel is generally not an easy thing to show. Good luck.

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