Would it be fair trail or a violation of my constitutional right 2 a fair trail if my appoint attorney didn't get evid-es needed

Asked about 1 year ago - Findlay, OH

to show my where abouts or my alibi ? im chared with a f5 and going 2 trail next month. the evidence was wiped out .but he had the chance to get way back when!! but he neglected to get it then. plus he was given 30 off for legal matters and then kicked out of the public defenders office.

Attorney answers (2)

  1. William J Mertens

    Contributor Level 11


    Lawyers agree

    Answered . I can't fully understand your situation from your brief question. First, is the attorney you're complaining about court-appointed? If you believe that he is not representing you effectively, then you should promptly inform the court in writing as well as any administrative office that may have made the appointment. (I do not practice in OH and don't know the process there for appointing attorneys for indigent defendants.)

    If this is an attorney that you hired, you should promptly make your concerned known, in writing, to him. Possibly things can be worked out to your satisfaction. If not, you should consider hiring a different attorney. If you end up going to trial with this attorney and are found guilty, you could -- in theory -- get the conviction set aside on grounds of ineffective assistance of counsel, but that can be very difficult to do. It sounds as if it would be especially difficult in your case, if evidence has been lost forever, and now you can't prove that it ever existed. In any event, if you feel that you can't go forward to trial with this attorney representing you, you're going to be in better shape if you start making a written record now about the specific reasons that you feel you're not being represented effectively.

  2. Harry Edward Hudson Jr

    Contributor Level 20


    Lawyer agrees

    Answered . A criminal defendant is not just entitled to counsel, s/he is entitled to competent counsel. Counel is required to vigorously investigate the facts.
    Am not sure what you mean by given "30 off" or when that happened. If you are a client of the public defender and he has been dismissed while you are a client of that office, you have a new attorney.
    My suggestion is that since most criminal defense attorneys offer a free consultation, you immediately see one and discss your procedural situation.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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