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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16630
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I was convicted of healthcare fraud by a bench trial. The

Customer Question

i was convicted of healthcare fraud by a bench trial. The judge asked my attorney if he believed the chief witness against me. My attorney replied yes. is this grounds for a mistrial
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Was this in state or federal court?

Did you file an appeal?

Customer: replied 1 year ago.
federal no I did file a writ for the judge to review evidence not submitted by my attorneys before sentencing what i need to know is my attorney's response grounds for a mistrial? This was a bench trial
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

While I cannot comment on your specific case, generally, if the defense attorney honestly responded to a question presented to him during a trial, such honest answer, would only amount to this defense attorney's opinion and would not be grounds for mistrial, even if the answer wend against defense attorney's client's interest.

Generally, if the defendant feels that defense attorney was not competent during trial, then defendant can file a Motion to Set Aside Conviction Based on Ineffective Assistance of Counsel and the court will review the motion and any supporting legal basis presented and will rule whether to grant or deny such motion.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.