What can be done about inadequate counseling after being sentenced

Hi, wannaknow77!

The person could hire or ask for the services of another attorney.

Thanks!

Once he gets another attorney does he have to appeal it, or the other attorney will make a way for him to go in front of the judge

Where is the location, please?

It would be helpful to know that.

I'm sure that I won't be the only one to answer about this on this thread.

Thanks!

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Originally Posted by wannaknow77

Once he gets another attorney does he have to appeal,

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Hello w:

Yes.

excon

Once the person is sentenced the only way to handle this would be an appeal. Appeals are used when there is a judicial error in the trial of the person and not just inadequate representation as a rule. You can try an appeal, but the attorney who provided "inadequate" representation needs to be proved to be an utter moron or sat reading the newspaper or a comic book during the trial of this person - otherwise you'll be wasting your time and $ as appeals are not cheap. Also, keep in mind the person has 30 days from date of sentencing to file a Notice of Appeal.

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Originally Posted by twinkiedooter

Once the person is sentenced the only way to handle this would be an appeal. Appeals are used when there is a judicial error in the trial of the person and not just inadequate representation as a rule. You can try an appeal, but the attorney who provided "inadequate" representation needs to be proved to be an utter moron or sat reading the newspaper or a comic book during the trial of this person - otherwise you'll be wasting your time and $ as appeals are not cheap. Also, keep in mind the person has 30 days from date of sentencing to file a Notice of Appeal.

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30 days? Would that be the same for all locations in the U.S.

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Originally Posted by Clough

30 days? Would that be the same for all locations in the U.S.?

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In some States it is TEN days. In NY when there is an appeal to be made (no matter what the grounds, including Attorney incompetence) the original Attorney often files it due to the short time frame.

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Originally Posted by Clough

30 days? Would that be the same for all locations in the U.S.?

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Hello Clough:

Long after the deadline for appeals has expired, if perchance, the defense becomes aware of new evidence that wasn't previously available, an appeal will be entertained. Could it be evidence of previous counsel's incompetence? You betcha?

excon

You will have to file an appeal, but will have to show that it was very very bad legal cousel. Lawyers are not like on TV esp public defenders, they merely be sure your rights are protected. So you will have to prove the attorney did not even try to represent you