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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 117371
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I was convicted of domestic violence against my husband.

Customer Question

I was convicted of domestic violence against my husband. Before the Pre-trial on a phone call with my court appointed Lawyer, he stated "I believe that this is not the first time you have done this". I felt that this statement was very judgmental. I pled
no contest and was abusing procreation drugs (which I have since been to rehab for. During the Sentencing, my Lawyer spoke to my husband before he spoke to me and allowed him to make a change on the recommendations from the Probation Dept. When I spoke to
my Lawyer after that and ask for that change to be reversed, he said "I'll do what I want". My Lawyer was not acting in my defense. After sentencing, I needed to get in touch with my Lawyer quickly and had my husband call because I felt that he would return
his call before mine. My husband had him on speaker when he returned the call and my Lawyer stated, "...I believe that your wife is lying about everything". Everyone is telling me that I could possible get him disbarred for that and have my case dismissed.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
"Everyone" often says these kinds of things when they do not understand legal representation or practice of law. First off, if the attorney does not believe their client but has no proof of their client's guilt, they must defend their client within the parameters of the of the law. Just because the lawyer is telling you and your husband he does not believe you would not by itself be grounds to do anything. You have to prove that he actually did not provide you proper legal representation in your case. If you can prove he did not properly represent you, then you can sue him for malpractice and you can also appeal the conviction and get it vacated based on ineffective assistance of counsel. However, you need to show that the attorney did not do what he was supposed to do in your defense, not just that he made these comments to you and your husband on the speaker phone, it takes more than that to prove your case.
Customer: replied 2 years ago.
If he spoke to my husband prior to the sentencing and allowed him to make changes and my husband is willing to testify, would this be proof that he did not do what he was supposed to do in my defense?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
He could speak to the victim in the case to try to determine what sentencing would not be objected to. That is not proof he did not defend you properly, since by sentencing the determination of guilt is made. You need to have evidence he did not present your evidence properly or did not do something in your case that could have changed the outcome in your case.

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