Legal Question in Criminal Law in Arizona

Ineffective assistance of counsel ?

I am presently facing serious criminal charges and have been appointed a public defender. Having a background in law and law enforcement, I presented him with legal issues (which I have case law on) and he quickly dismissed w/out giving a reason. He has failed to order documents from the court and as a result, time deadlines passed and I am unable to file specific motions. He states that he is going to do witness interviews and various motions, but he has failed to do so. I have several legal issues including individuals involved and he sent an email telling me to ''shut up'' about it. What can I do and who can I talk to?


Asked on 5/27/02, 12:43 pm

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Ineffective assistance of counsel ?

With a law enforcement background, you may already know that ineffective assistance of counsel cannot be raised until post conviction proceedings. Moreover, courts generally defer to strategic decisions and do not find error. As a former prosecutor, I can appreciate your frustration. The remedy... get a private lawyer who may be able to get the deadlines re-established so you may have a shot to file the motions you referred to. Call me with more specifics and I can provide you with more specifics. Best of luck.

Read more
Answered on 5/28/02, 11:18 am


Related Questions & Answers

More Criminal Law questions and answers in Arizona