Legal Question in Criminal Law in California

Criminal case

Lawyer

1. He filed papers of Indigent, when he was going to court, still received payment from client

2. He got paid by client and state

3. He was not suppose to take a murder trial, LEVEL ?

4. He did not file a discovery motion or any motion before trial started

5. He did not present a Evidentry Hearing or any pretrial necessities to prepare for a good defense

6. He suggested the client give a statement that he knew would get a conviction

- Was this Ineffective Assistance of Counsel


Asked on 2/20/09, 10:41 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Criminal case

Accepting payment from both the client and the state may or may not have been improper (for example, it would be proper if the client paid until running out money and the lawyer *then* sought state funding), but it is irrelevant to whether the lawyer was ineffective. That is a question of how well the lawyer performed his duties as the client's legal representative. If he represents you effectively, then any financial improprieties would not change that fact.

The services you describe may or may not have been ineffective. I would need to know more about the case before I could offer any guidance. Sometimes the evidence of a defendant's guilt is so clear that it makes sense to acknowledge what he did and focus on trying to get a conviction on a less serious charge and/or trying to get a lenient sentence.

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Answered on 2/20/09, 11:05 pm


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