Do You Have Ineffective Counsel? Signs That Your Lawyer Is Not Working for You
It is every American’s Sixth Amendment right to have “the effective assistance of counsel,” which means that anyone who stands trial for a criminal conviction is legally entitled to a criminal defense attorney that will effectively “aid in the preparation and trial of a case.” Furthermore, if an accused individual is forced to undergo a trial without fair and adequate legal assistance, and if they are convicted, the conviction obtained may not be allowed to stand, regardless of whether or not the government did anything itself to bring about the unfairness of the trial.
Because a criminal conviction can be overturned in light of ineffective counsel, the Florida courts do their best to ensure that each criminal defendant is equipped with effective and fair counsel. However, on occasion, a criminal defense lawyer will do a poor job in defending his or her client. If this happens to you, it is important that you raise awareness to the issue and contact a reputable Miami criminal defense attorney right away.
Signs Your Counsel Is Not Working For You
If you suspect that your attorney is ill equipped to handle your legal case, there are certain signs that you want to remain vigilant for. These signs include the following:
- Your attorney routinely makes decisions without consulting with you first. Whether you are on trial for a criminal charge or have hired an attorney for a civil case, your legal counsel should always consult with you prior to making any decisions regarding your case. If your attorney proceeds without consulting with you first—for instance, if they accept a plea bargain on your behalf without discussing it with you first—bring the matter to the attention of the judge trying your case.
- Your attorney is late to file notices and motions. In all legal matters, timing is everything. If your attorney misses a deadline for filing a motion or submitting a notice, it could mean the difference between winning your case and going to jail. Take note of how many deadlines your lawyer misses; if it happens more than once, you may have grounds for an appeal.
- Your lawyer behaves unprofessionally. While professionalism is a subjective term, there are things that your lawyer can do that are so far beyond the scope of professionalism as to call for immediate need for review. This can range from making a circus of your case by wearing outlandish attire to your court hearings to sharing information about your case with unrelated third parties. Because your lawyer is representing you, any acts of unprofessionalism can significantly affect the outcome of your case, and as such, are cause for concern.
- Your lawyer does not respond to you. Your lawyer is hired to work on your behalf. If they fail to do so by not responding to your phone calls, emails, or other communication attempts, you should file a motion for new criminal defense representation immediately.
- Your lawyer appears to be unknowledgeable. From getting the terminology wrong to failing to follow proper procedure and protocol, there are many ways in which your attorney can appear to be unknowledgeable and inexperienced. When your lawyer routinely makes embarrassing mistakes in front of the opposing counsel or the judge, it may be time to start questioning whether or not they are the right person to represent you.
Consult an Experienced Miami Criminal Defense Attorney
At The Baez Law Firm, we aggressively advocate for our clients rights both in and out of the courtroom. If you feel that your Sixth Amendment right to fair and effective counsel is being violated, do not stand for the injustice any longer, and reach out to our team of knowledgeable, professional, and reputable criminal defense attorneys today. We can help remove your current counsel and put winning counsel in his or her place. Call 800-588-BAEZ now.