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Not requesting expert evaluation of evidence tampering by court appointed attorney. Is this ineffective assistance of council?

Arlington, TX |

The states evidence includes a corrupt unplayable video of the arresting officer and a second video that is electronically fabricated because it does not show the police brutality and is missing important video footage.
The attorney is talking condescendingly to me and is not wanting to meet with me to review the tape of my arrest and the arrest report. The first time I viewed the tape was at his office and he did not go over the arrest report with me we just discussed the fradulent video and other matters. The problem is he does not want to have an investigation done by an expert in regards to the viewable video being electronically fabricated. He insists I provide him evidence that it is fabricated, this is hard when I can't view the video again. Is this ineffective assistance of council

The corrupt unplayable video is of an officer who has a reputation for police brutality. And the fabricated video does not look authentic in three points. The stature of the individual is different than mine. The outfit is similar but yet they are different. From a computer scientist perspective: It looks edited and fabricated with software. The second video is missing footage of me being tasered. I have medical documentation and the original outfit but the court appointed council is being rude and un respectably prudent along the unethical boundaries. How do I dismiss him and what is the best way to report this to the judge?

Attorney Answers 4

  1. Best answer

    Find a lawyer that will listen to you. If you hired this lawyer and you are not comfortable with how he is handling your case, you need to find a new lawyer immediately. If the attorney is court appointed, you need to request a new court appointed attorney. Your attorney may not know what to do with your case or just may not believe you. You need an attorney that will file the proper motions to get the whole video or spoilation of evidence charge to the jury and who also can try the case to jury if necessary. Do not wait to see the attorney's representation is ineffective assistance, run to new lawyer while you can.

    The above answer does not create an attorney-client relationship. The information provided is general to anyone, and is not intended to be advice to anyone's specific situation. You should consult an attorney immediately concerning your legal issue. The information provided is not intended to be relied upon as a final or conclusive solution to your situation.

  2. Your complaint with you lawyer is far too common. Odds are, your lawyer did not charge you much, and never really planned to fight for you. A good lawyer who plans to fight for you is going to charge you thousands.

    Ineffective counsel doesn't become an issue until representation is completed. If you are not comfortable with the level of representation you are getting, fire your lawyer and hire another one.

    Don't wait until you're convicted and hope for an ineffective counsel appeal. They are very rarely successful.

    Good luck.

  3. You clearly are dissatisfied with your attorney.

    In such situations, the first thing I believe defendants need to do is to sit down with the attorney and in a firm but businesslike way tell the attorney that they are dissatisfied and why, and ask for an explanation of the attorneys strategy.

    If no explanation satisfactory to the defendant is forthcoming, the next step is to seek a second opinion from another attorney.

    After getting that second opinion, the defendant is in a better position to decide whether to switch attorneys.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

  4. The other lawyers give good advice. I always recommend sitting down with your present attorney and discussing your displeasure. Sometimes it's simply a matter of miscommunication. Other times there are genuine issues that cannot be resolved. But you each have an investment in the other and the case. Remember you always have the opportunity to hire a lawyer of your choice. That's the beauty of our system. Good luck.

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