Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Under AZ law, can a person receive a rule 32, or post

Customer Question
conviction relief due to ineffective...
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: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 2 years 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.
Answered in 9 hours by:
7/21/2015
Criminal Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 31,008
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified

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.

Ask Your Own Criminal Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 31,008
31,008 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My nephew did try to robba guy with a gun and shot himself
my nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I recently tried to buy a gun online and was denied tomorrow
I recently tried to buy a gun online and was denied tomorrow I meet with the a state police to go over the application I am nervous and don't know why I need to go over it they never told me why I was… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Im under open investigation for a possible violent crime
im under open investigation for a possible violent crime what does that mean? am i being charged … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I was convicted of a non- violent theft felony (restitution
Hello. I was convicted of a non- violent theft felony (restitution was $10,000) about 6 years ago in Pennsylvania. I have done everything to distance myself from my past. I'm struggling to find a job … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My wife was just ticketed for carrying a concealed gun on a
My wife was just ticketed for carrying a concealed gun on a military base. 18 USC 930. She has a ticket that orders her to appear in court. She is wondering if she needs a lawyer or just to show up an… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a non violent felony charge 30 years ago I was
I had a non violent felony charge 30 years ago I was wondering am I allowed to order a rifle or go deer hunting in the state of Minnesota … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I was convicted of a non violent feloney in more than 10yrs
i was convicted of a non violent feloney in ky more than 10yrs ago whats the process here to own a gun … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I was convicted of a non-violent crime, that was unrelated
Hi I was convicted of a non-violent crime, that was unrelated to children. My kids school is now saying that in order to volunteer all parents are required to submit a livescan background check. Will … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x