The Sixth Amendment guarantees the right to effective legal representation in criminal cases. This means more than just having a lawyer present – the lawyer must provide a meaningful and competent defense.
However, what happens when their performance is so poor that it compromises the fairness of a trial? For those facing criminal charges, this “ineffective assistance of counsel” is one of the most common grounds for post-conviction relief.
There’s a high bar to proving ineffective assistance
Proving that a lawyer’s assistance was ineffective isn’t easy. Courts generally assume that lawyers are competent and make reasonable decisions. Overcoming this assumption requires strong evidence.
To determine if ineffective assistance occurred, courts use a two-part test:
- The lawyer’s work fell below an objective standard of reasonableness
- This poor performance likely affected the outcome of the case
Take note that just because a lawyer or attorney made a mistake doesn’t automatically mean their assistance was ineffective. The error must be serious enough to have likely changed the outcome of the case. This includes failing to investigate crucial evidence or not informing the client about plea bargain offers. The burden is on the defendant to prove both parts of the test.
Filing for post-conviction relief in Oregon
Oregon law allows for relief when there’s been a substantial denial of constitutional rights that made the conviction invalid, such as an attorney or lawyer’s failure to provide competent representation. In most cases, you have two years from the date your conviction becomes final to file for post-conviction relief.
You typically file the claim in the circuit court of the county where you received a conviction. If successful, a claim of ineffective assistance could lead to various forms of relief, including a new trial, modification of sentence or even release.
You shouldn’t have to suffer the consequences of another’s incompetence
A lawyer’s inadequate performance during a person’s criminal trial can have devastating consequences. However, there are ways to address these issues and potentially correct injustices. A post-conviction relief attorney can help you explore your options.