What if I had bad representation during probation hearing

Asked about 1 year ago - Baldwin City, KS

Public defender didn't do a good job representing me at probation hearing

Attorney answers (4)

  1. Thomas Ifversen

    Contributor Level 12

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    Answered . It kind of depends on a lot of factors. If there is an identifiable error by your attorney (where a competent attorney would have done something different), and that error was instrumental in some detrimental consequence to you (Told you to admit to a violation when there was a clear defense, thus causing you some harm), then you may have a claim for relief, or at the very least, from that attorney's liability insurance policy. Remember that you will be carrying a burden of proof that this was the attorney's fault, and that isn't always easy.

    Talk to a couple of attorneys in your jurisdiction and see if there is cause to file a motion for relief. listen carefully to their advice, because it may very well be that you are stuck with the ruling against you unless you want to undertake a very difficult and expensive battle. It is not uncommon for people to think that their public defender is at fault for losing their case, when the case wasn't very winnable in the first place. I don't know if that is your situation, but a lawyer familiar with your jurisdiction who can take the time to get more information about your case should be able to give you a pretty good idea what to expect.

  2. Patrick Michael Lewis

    Pro

    Contributor Level 16

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    Answered . You may have an appeal, but you may not. Speak with a criminal defense attorney immediately to determine if there are grounds for an appeal and if you still have time to file and appeal Even if you are past the deadline it may be possible to file a notice of appeal. You may have a motion under KSA 60-1507 alleging ineffective assistance of counsel. You will have to speak to an attorney to find out.

    Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is... more
  3. James Donald Garrett

    Contributor Level 20

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    Answered . Consult with another attorney to see if you have any avenues for relief.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  4. Anthony Michael Solis

    Pro

    Contributor Level 20

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    Answered . This is a unspecific question, but you can consult with another attorney or get another public defender and see if you have an ineffective assistance of counsel claim. But just because you got a bad result, doesn't always mean your representation fell below the legal standard.

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