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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24003
Experience:  20 years trial experience in defense of criminal cases
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I got bad advice from my criminal attorney and I relied on

Customer Question

I got bad advice from my criminal attorney and I relied on him. In the end, I got felony charge, served time in jail and lost a lot of money. and lost professional license too.

Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Pro replied 11 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.


Sorry for your situation.

Did you plead guilty or were convicted?
Customer: replied 11 months ago.

I had to plea guilty to exchange very light sentence. Noway I can win this because my criminal attorney told me too.

Expert:  Law Pro replied 11 months ago.
Regretfully, that is a problem.



In a later civil action for malpractice against the attorney who represented them in a previous criminal case - a plaintiff must prove their innocence of criminal wrongdoing in order to recover in a legal malpractice suit against her former criminal defense attorney.

Jurisdictions require criminal malpractice plaintiffs to demonstrate falls into two categories:

(1) “actual innocence” (the malpractice plaintiff must prove by a preponderance of the evidence that she did not actually commit the underlying crime); and

(2) “legal innocence” (the malpractice plaintiff must prove by a preponderance of the evidence that but for the lawyer’s negligence, the malpractice plaintiff would not have been convicted in the underlying criminal trial by proof beyond a reasonable doubt).

Jurisdictions professing to require proof of legal innocence do so by requiring the criminal malpractice plaintiff to prove that she has been exonerated of the underlying criminal conviction through post-conviction relief.


Nonetheless, the Sixth Amendment guarantees a person accused of a crime the right to a fair trial, this includes the right to effective assistance of counsel at trial. Earlier this year, the United States Supreme Court held that the right to effective assistance of counsel applies to any critical stage of a criminal proceeding, including the pretrial plea negotiation process.

The Ninth Circuit Court of Appeals recently construed this Supreme Court opinion to hold that effective assistance of counsel during a plea bargain now requires the attorney to also advise a client of the consequences of rejecting a plea offer.

 

Specifically, the attorney in that case was ineffective when he advised the client to reject a plea offer for 6 years in prison but did not also advise the defendant that if he was convicted at trial, the conviction would be counted as his third strike and he would be sentenced to a mandatory minimum 25 year prison sentence.

 

Attorneys have long had a duty to relay all formal plea bargain offers to their clients. Now they additionally have a duty to advise their clients of potential consequences of not accepting those offers.

 

A failure on an attorney’s part to discuss the consequences of rejecting an offer does not mean automatic reversal.

 

In order for a defendant to prevail when making a claim of ineffective assistance of counsel in the plea bargaining process after conviction, the defendant must show the attorney gave him “ineffective advice which lead him to reject a plea offer, that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence or both, under the offer’s terms would have been less severe than under the actual judgment and sentence imposed.”

 

Defendants convicted of crimes can file a writ of habeas corpus asking for post-conviction relief. These petitions must be filed without substantial delay. If you rejected a plea bargain offer and were later sentenced to a much longer sentence and your attorney did not advise you at the time of the offer of the potential consequences, you may have a good case for a writ requesting habeas relief.



Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24003
Experience: 20 years trial experience in defense of criminal cases
Law Pro and 7 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

I need a criminal malpractice attorney to represent me on this case and so far I could not find one. Do you have any one suggesting or refer too in my state. I lost my son last year and he is co-defendant too due to automobile accident and I am so deep in the darkside and I could not thinking straight at all. Now, I am waking up and ready to fight whatever it cost to get my life back from before. Thanks

Expert:  Law Pro replied 11 months ago.
What county are you in or that this took place?
Customer: replied 11 months ago.

Denver County of Colorado


 

Expert:  Law Pro replied 11 months ago.
The only one I know and can recommend is Thomas Nellessen @(NNN) NNN-NNNN

Customer: replied 11 months ago.

I am going to call him and set up an appt. to go over everything. I hope everything is going to work out very well. Thanks for your professional opinion and kindness

Expert:  Law Pro replied 11 months ago.
You're welcome!

Good luck!!

Let me know how this turns out.
Customer: replied 11 months ago.

Well, He did not does criminal malpractice at all. I am still looking for one if you come across and let me know right away. even out of state.Thanks

Expert:  Law Pro replied 11 months ago.
I thought he might do it considering his expertise. Sorry.

The only other possibility for you is to contact the bar association and go through the list of names they give you.

Here's a link to their website.

http://www.cobar.org/
Customer: replied 10 months ago.

well, i have no luck to find one either and can you find one for me.

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