What Does Ineffective Assistance of Counsel Mean?
You may be aware of the fact that under U.S. law, many criminal defendants have the legal right to an attorney. In cases in which a person cannot afford an attorney, a court will appoint a lawyer to represent a defendant who has been accused of certain serious criminal offenses. This right forms the basis of the Miranda warning issued by law enforcement, which anyone who has watched a TV show or movie related to law enforcement has almost certainly heard.
Less commonly known is the fact that criminal defendants are not just entitled to an attorney, they are entitled to an effective attorney. When a lawyer fails to provide effective assistance, their client may be able to bring an ineffective assistance of counsel claim in order to have their conviction reviewed. In order to successfully bring an ineffective assistance claim, a criminal defendant must be able to establish the following two facts:
- That his or her attorney’s performance fell below an objective standard of reasonableness
- There is a reasonable probability that the outcome of his or her case would have been different had it not been for the lawyer’s ineffective assistance
Importantly, an ineffective assistance claim is different than a claim against an attorney for legal malpractice – but both types of cases are often pursued simultaneously. A legal malpractice claim is a civil suit that a former client pursues directly against an attorney and, if the claim is successful, the client can recover damages. An ineffective assistance claim, in contrast, is request for a court to overturn a conviction. These types of claims often arise in the context of criminal law and immigration when a lawyer fails to advise his or her client about the potential immigration consequences of accepting a plea bargain. In some cases, this type of ineffective assistance can result in serious consequences, including deportation for relatively minor offenses.
Contact a New Jersey Crimmigration Lawyer Today to Schedule a Case Evaluation
The best way to avoid having to raise an ineffective assistance of counsel claim in the future is to retain an experienced attorney at the outset of your case. Attorney Ronald P. Mondello has been licensed to practice law in the state of New Jersey since 1993 and has the experience required to bring your case to the best resolution possible. Do not hesitate to call our office today to schedule a free consultation with Mr. Mondello. You can also send us an email through our online contact form.
