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My husband was accused of assault, and arrested. Before

being arrested, and not ever...
My husband was accused of assault, and arrested. Before being arrested, and not ever being read his Miranda Rights, an officer asked where he was ‘the night of the 22nd’. After giving his alibi to his (now former) court appointed lawyer, he found out that the time in question was NOT correct. The alleged assault supposedly occurred shortly before midnight on the 21st, and phone call to report to police was approximately 12:10 a.m. on the morning of the 22nd. Months later, after hiring a new lawyer, he found out his alibi of correct timeframe was never filed. Also, the former lawyer refused to meet in person and would go weeks without returning phone calls. We are filing an appeal on rejected alibi decision ourselves, as we can not afford the additional cost of current lawyer to file. This is an Indiana case. Any advice on filing interlocutory appeal, or what to cite as reason for appeal? Please help. Thank you in advance for any suggestions.
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Answered in 8 hours by:
1/19/2018
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 7 months ago
Thank you

I'm sorry to hear about your husband's situation. Give me just a few minutes to finish typing some information for you, thanks!

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Based on the information you shared, your husband may have grounds for Ineffective Assistance of Counsel post-conviction motion for relief.

In Strickland v. Washington (1984), the U.S. Supreme Court declared that the Sixth Amendment guarantee of assistance of counsel means effective assistance.

In order for your husband to win an appeal on that basis, he must prove that:

(1.) his attorney's performance was deficient,

(2.) that the attorney's substandard performance prejudiced the case, and

(3.) that it was likely that, but for the attorney's errors, the result would have been different.

Your husband should have the assistance of an attorney for this appeal, or any other appeal he files.

If you can't afford to hire a private attorney right now, you can contact the Indiana State Bar and ask for a referral to a pro bono appellate lawyer in your area. They would be able to assist your husband for free.

The phone number for the Indiana State Bar is:

(###) ###-####/p>

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
THank you very much. The appeal must be filed today. I will pass along info to him. Thank you so very much!

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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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.

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