Kushner Law Group, PLLC
Kushner Law Group, PLLC
Vigorous Advocates Fighting For Your Rights

Is ineffective representation grounds for an appeal?

On Behalf of | Jan 19, 2023 | Criminal Appeals |

You found yourself in the agonizing position of facing charges for a crime you didn’t commit. However, you still had a glimmer of hope that everything would turn out well in the end. You knew you were innocent, and you had a chance to show this in court.

Unfortunately, you were convicted. You’re disappointed with the representation you received at the time and believe your attorney was ineffective. Can you lodge an appeal on this basis?

Was the defense poorly prepared?

Defending the accused is not as simple as strolling into the court on the day of the trial. A lot of groundwork has to go into building a defense strategy. It seems like there was a lack of preparation for your case, and this ultimately ended up costing you dearly.

Was there prosecutorial misconduct?

Law enforcement is tasked with enforcing the law and investigating cases. The prosecution then decides, based on the evidence, whether or not to pursue a conviction. Importantly, both of these institutions must act within the confines of the law.

Your arrest must have been valid and based on probable cause. However, the evidence used against you must not have been tainted. Did your representation at the time failed to challenge questionable evidence before or during your trial?

There are numerous reasons you can seek a criminal appeal, and ineffective counsel is one of them. This must be based on conduct that was unreasonable in the circumstances. It is not enough simply to disagree with the outcome of the case. With the right legal guidance, you may be able to clear your name and have your faith in the justice system restored.