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Ineffective counsel would include......?
Anonymous10 views4 answers
locked up for csc2. investigation took place....i volunteered information during statement with detective..where he didn't quote on quote use my correct terms to verbally state my defense.....no video,audio,or verbal recordings.....i was then issued a warrant. counsel ignored more than have of my calls....pushing for me to take the plea because of statement turned over from detective. i was unaware of my rights and legal procedures.
Any of the things that you stated could be grounds for ineffective assistance of counsel IF you can show that the matter significantly prejudiced you AND the result would likely have turned out otherwise.
It sounds to me like you need to have a face to face conversation with your attorney as soon as possible. If you are unable to arrange that, you may need to look at getting in touch with a new attorney.
The facts as you have stated could very well be grounds for ineffective assistance of counsel. However, this is a hard burden to meet as you must show that the outcome would have been different.
I suggest obtaining another attorney to see what remedies can be taken in your current case.
Best of luck.
The CSC area of law is very complicated and has some real unbalanced punishments depending on the charge. You explanation of your situation does not give enough information to generate an opinion as to whether the advice of your attorney to plead was ineffective or not. Brethren counsel are correct that your explanation of the process could constitute ineffective assistance of counsel and that you must prove that but for the actions of your attorney you would have had a different result. I suggest, as they have, that you hire an attorney to review your file. I again offer that CSC files are very difficult. A lot of the testimony if you go to trial is "he said, she said", and the same applies to law enforcement officer testimony. Many CSC charges are settled to lesser CSC charges in order to lessen the penalties which are very harsh at the CSC I/II end of the spectrum. Please seek an attorney to review your whole file. An ineffective assistance of counsel assertion can cause your attorney/client privilege to be breached so be very careful. Good Luck.
