It is fair to say that attorneys who are defending Oregonians against criminal charges have a constitutional obligation to do a good job when doing so.
This does not mean that a defense attorney must get a not guilty verdict in every case. As with the case with other professionals, bad outcomes happen even to the best of attorneys.
Just the same, defense attorneys are expected to represent their clients effectively at all stages of their case. When they do not, their clients may be entitled to another criminal proceeding.
With that in mind, what follows are some common mistakes defense attorneys might make. While some of these might seem flagrant, others could be hard to spot.
- The defense attorney has engaged in illegal or unethical behavior that harms their client. Some examples might include having a conflict of interest or disregarding court orders, rules or laws.
- Sometimes, unethical behavior can involve understandable but unacceptable mistakes like missing a deadline or not filing a document properly.
- Of course, defendants and their families should also be on the lookout for obvious signs of poor performance like missing key court dates, showing up too tired or possibly under the influence or being completely ignorant about the facts of the case.
- A defense lawyer’s failing to object to the prosecutor’s evidence, raise certain legal arguments or properly question witnesses can in some cases be grounds for a new trial.
- While it can be hard to prove, an inadequate investigation can also be grounds to raise a claim of ineffective assistance of counsel. Likewise, incorrect legal advice or failing to advise a client can be grounds for a new trial.
Requesting post-conviction relief is a complicated matter
If a person or their family feels like their defense attorney may have made one of the mistakes listed above or made another error, they may have the option to request post-conviction relief based on ineffective assistance of counsel.
Requesting a new trial through post-conviction relief is not simply a matter of pointing out the attorney’s mistakes. The person seeking relief will have to also show that the mistakes damaged their case in some important way. They will have to follow the rules of the court when making their case.