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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.

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Attorney answers 4

Posted

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.

Asker

Posted

The relative was sentences yesterday. which is why for the appeal we wer hoping to be able to get another attorney & not have to utilize the same one. he can appeal the sentence or case. Sentence was 36-72 yrs robbery, kidnap & extortion. which he didnt do the robbery or kidnap. I thanks you for your reply I trying to help a relative figure his next course of action.

Charles Thomas Jr.

Charles Thomas Jr.

Posted

At this point I am going to ask you not to talk about the case here. Based on what you told me, I was able to find the story online. He should ask his current attorney to ask for a different attorney to be appointed for appeal. The judge may say no.

Asker

Posted

ok that what I wanted to know on how to tell him to go about this. I figured u would find it. I wanted the right info so I had to give a little more. Again thank u!

Posted

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.

Posted

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.

Posted

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.