Legal Question in Criminal Law in Missouri

My Attorney at Trial had bad hearing-misd. assault

I just went to trial and did not realize my lawyer could not hear. He could just read lips. He was up there in age. The Prosecutor offered us a deal before court and I did not hear it all. I asked my attorney if I wanted to take or what he offered, he said we don't want that. Still didn't realize he couldn't hear. Prosecutor was too his right side and so was I. I got in trouble for objecting because my lawyer didn't. I started talking to him in his right ear and he could not hear a word I said. I would have to bend over and say something in his left ear which was a hearing aid. Thats when I realized he could not hear me nor the prosecutor. He must have been trying to read the judges lips. I was found guilty. Is there any recourse that can be done about this or steps that can be taken? Please advise.


Asked on 12/04/07, 1:54 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: My Attorney at Trial had bad hearing-misd. assault

You might be able to hire another attorney to file a Motion to set aside the conviction and seek a new trial. Also, there is a rule which provides for a defendant to claim "ineffective assistance of counsel", but this is probably not your best choice. Finally, there is the right to a direct appeal. I would strongly suggest that you contact another attorney right away. Good luck.

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Answered on 12/04/07, 10:52 pm


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