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What if I had bad representation during probation hearing

Baldwin City, KS |
Attorney answers 4

Best Answer
Posted

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.

Posted

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.

Asker

Posted

How would I know if I got a case to do an appeal

Anthony Michael Solis

Anthony Michael Solis

Posted

You likely need to consult an attorney, even your "bad" attorney to determine whether you have any issues on appeal.

Posted

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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

Posted

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 intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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