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Sixth Amendment

Failure to do your job.

No other type of law practice comes close to what is required and expected of the criminal defense attorney. It is no wonder very few attorneys actually practice this type of law. It is even less surprising that only a select few from that small number actual know what they are doing and provide truly exceptional representation.

Over the past 40 years, the responsibilities and obligations of the defense attorney have grown. Many attorneys struggle to keep up with the changing requirements and fail their clients. In the end, the defendant cannot outrun bad lawyering, and that sucks. Contrary to popular belief, an accused is not entitled to competent counsel but to an attorney who does not make mistakes that affect the outcome of the case.

My Defense Attorney Made a Mistake. Now What?

Merriam-Webster dictionary defines a “mistake” as “to be wrong” or “a wrong action or statement proceeding from faulty judgment, inadequate knowledge, or inattention.”[i] If your attorney makes a mistake that affects your case’s outcome, you may have a claim for “ineffective assistance of counsel.” Attorneys are human; they make mistakes.

Like the other parts of the Bill of Rights, the Sixth Amendment guarantees certain fundamental rights. It guarantees most of the basic constitutional criminal rights to Americans, including the right to a speedy and public trial, the right to be indicted where the offense occurred, the right to an impartial jury, the right to be informed of the nature of the offense, the right to confront and cross-examine the witnesses against him, and the right to have the assistance of counsel. Sixth Amendment (1791).

Decisions, Decisions

In any representation, the defendant makes various decisions, and the attorney makes other decisions. These decisions are clearly defined. The decisions made by the attorney are called “legal decisions.” On the other hand, the defendant makes certain fundamental decisions.

Can’t Make the Sick Chicken Better

There is also a human element to a criminal defense. The accused is a person. Usually, the accused has family and friends that care about him/her regardless of what the allegations might be. A good criminal defense attorney recognizes this and tries to nurture a relationship with the client and his/her family in order to better serve the client. While it might not be in the book definition of criminal defense, it is my book regarding criminal defense that people need to be treated right and that starts with honesty and integrity in discussions about the case and treating people with dignity and respect they deserve for being human (regardless of what they are accused of or may or may not have done).

Stay Away from Stipulations in Criminal Court

While stipulations are very useful in civil cases, these should be rarely used in criminal case. The reason is because the stipulation relieves the state of its burden as to proving a piece of evidence that it needs to prove in the trial or hearing to prove the charge.

Pleading: A One-Way Ticket to Ride

There are no “do-overs” usually in criminal court when a defendant “freely,” “voluntarily,” and “intelligently” enters a guilty plea with the “assistance” of “competent counsel.” Once the plea is entered, accepted by the court, and the defendant is sentenced- – the defendant must live with the whole ordeal (even if the defendant is unsatisfied for whatever reason). There is no redo or rework or second chance, and the plea is final in most respects.

A Few Reasons Why Convictions Are Forever (and What You Should Know)

Generally, outside of the rarest situation, if you are convicted of a felony, then you will live with the conviction for the rest of your life. Period. At common law, a felony was an offense that was punishable by imprisonment for more than one year. As such it is of vital importance that you understand the rights and privileges you will give up, waive, or otherwise lose as a convicted felon (whether the conviction comes by guilty verdict or plea bargain).

4 Parts of the Miranda Warnings

“They didn’t read me my rights. They have to dismiss my case, right?” This is a common refrain from the accused. Unfortunately, the answer is almost certainly “no.” This is super common misunderstanding that people have about their constitutional criminal rights. People mistakenly believe that because the police did not read them their [Miranda] rights, the case must be “thrown out of court.” Sadly, this is not how it works.

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