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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28545
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Under AZ law, can a person receive a rule 32, or post

Customer Question

Under AZ law, can a person receive a rule 32, or post conviction relief due to ineffective assistance of counsel after the person took a plea agreement. This person is person #1. The attorney for the defendant was paid in the range of $25,000, the attorney
spoke with the defendant very little, never tried to build a defense, did not interview friends and family, did not attempt to establish witnesses which there were at least 7 witnesses in this case all of which felt pressured and were led by law enforcement,
some were under 18 and now say they want to tell the real story they were young and scared to get in trouble, and the actual suspect, person #2 who actually was the aggressor in this situation was let off because he accepted a "deal" from the law enforcement.
OK now the actual suspect has a criminal history of violent crimes. Person #1 had a previous case of possession of dangerous drugs and drug paraphernalia. No violent crimes or inprisonments. When #2 was confronted he pointed the cops to #1's house who during
the Crimea in question was the one trying to stop #2 from assaulting the victim and witnesses to prove that. Now it is speculation but when #2 was pointing cops to #1 it is believed that as a part of the "deal" #2 mentioned that there were weapons in #1s home
so this gave police the reason they needed to get #1 with more charges. #1 lived with his father and his father is a hunter and a fisherman and raised his family as such. This is something they take pride in and are good at something they do to bond and get
out in nature. Now during the search of the home weapons were found and #1 was charged with 3 counts of prohibited possession. The attorney never asked the father who's weapons these were or anything. So the county attorney offers its first plea aggreament
to #1 at the beginning of all the court proceedings and the attorney suggests #1 take the agreement. The agreement was for 18 years!!! #1 under the advise of counsel took this plea at the age of 21. I would also like to point out that after #1's arrest for
drugs almost 3 years before this situation #1 turned his life around did not mess with drugs had a good job and bar-b-qued on weekends he was a good guy. Now he sits in prison for 18 years for something he did not do and because his family had guns for hunting.
This case should have went to trial but did not. The attorney was paid $25,000 to walk in and tell this 21 year old to throw his life away. After all was said and done the attorney promised the heartbroken father that he would get his son out. The attorney
never contacted the father after that. What do you think. This story destroys me and due to the father spending his entire savings on this attorney trying to save this poor guy from this unearned fate is seemingly impossible.. thank you in advance.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Sorry for the, "OK now" about a million times. I typed this on my phone with a lot of interuptions. I know better than to hit submit without rereading first. Sorry and embarrassed.
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Ineffective assistance of counsel claims are tough, because the person who was convicted has to be able to show that the lawyer made some sort of mistake that induced him to take the plea against his will. And he has to be able to show that, had the case gone to trial, he would have received a better outcome. It's not enough to say that the accused person was innocent, because a judge that's reviewing an ineffective assistance claim isn't allowed to make that decision. So he has to show what the attorney said and did that was deficient, and what would have happened if the attorney had behaved differently.

That could involve not explaining the consequences of the plea, or failing to properly explain the chances of success at trial. Not talking to the father cannot be a basis for an ineffective assistance claim, because the lawyer is actually not allowed to discuss the case with any third party. It would be a violation of the Rules of Professional Conduct. This is true even if the third party is paying for the lawyer. So it would be necessary to review all of the facts of the case to determine what the lawyer SHOULD have done, other than encouraging him to take a plea bargain. The courts have said consistently that "effective assistance" does not necessarily equal "successful assistance." If the lawyer did the best he could with the evidence he had, that's OK. But if he didn't provide adequate information for the client to decide whether the plea was in his best interests, then the defendant may be able to file an ineffective assistance claim.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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