Ineffective Assistance of Counsel Explained | Federal Criminal Appeals Attorney

So today I want to talk a little bit about ineffective assistance of counsel claims. Now, generally, an ineffective assistance of counsel claim is going to be like whether or not your lawyer did something that he or she should not have done or failed to do something that he, she, or not should not have done, and that you were impacted by your lawyer's performance. Now, ineffective assistance of counsel claims can apply whether or not you went to trial and lost your trial or whether you pleaded guilty. The United States Supreme Court has insisted that criminal defendants have the right to the effective assistance of counsel even during plea negotiations. Now, the most important case to be aware of when you are raising an ineffective assistance of counsel claim is Strickland v. Washington. So that is a case that came out in 1984 and it has two different elements that you have to meet. First of all, you have to show that your lawyer— your lawyer's conduct, his performance, like, fell below generally understood professional norms. And then the second prong is that your attorney's performance actually harmed you. That is, you know, but for your attorney's performance, there would have been some different result in your case. Now, the important thing to also know about Strickland v. Washington is that it applies in both state and federal cases. I mean, that is just sort of the generally understood principle that, you know, kind of controls these ineffective assistance of counsel claims. So, if you have any questions about ineffective assistance of counsel and you want to know more about like when you can raise it, Please feel free to call our law firm, Elizabeth Franklin Best, P.C. We can be reached at area code 803-445-1333. Thank you.