Legal Question in Criminal Law in California

Motion for mistrial due to incompetent P.D.

If I have been advised by my P.D. to plead not guilty without being told that my maximum sentence for a minor probation violation could go from 30 days to one year (as it has), is there any way to file for a mistrial on the grounds of incompetent or inadequate counsel?


Asked on 9/09/08, 3:28 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Motion for mistrial due to incompetent P.D.

No. Incompetent representation might justify a delay so you can get a new lawyer to defend you, but it would not justify a mistrial.

At a more basic level, it is hard to see how advising a client to plead not guilty could qualify as incompetent. Unless the D.A. had proposed a favorable deal in exchange for a guilty plea and had said the deal would be off if you pled not guilty, there was no reason to recommend a different plea. Even if all of these things are true, there may still have been very strong reasons why your lawyer advised you as he did.

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Answered on 9/09/08, 3:34 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Motion for mistrial due to incompetent P.D.

No grounds for mistrial but it sounds to me that there was an offer from the prosecution on the table and now it has been removed.

Your PD should argue, to the prosecution and perhaps to the judge as well, that you did not know about the original offer and therefore it should be given to you again. If the PD is not capable of doing it, get a different lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/09/08, 5:10 pm


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