People unfairly convicted of crimes in Oregon can ask the courts to review their situation. Post-conviction relief might lead to a new trial or the suspension of a sentence. The circumstances determine what solution is available and whether the courts rule in favor of the person petitioning for relief.
There are a variety of reasons that people can request post-conviction relief. Issues with the original trial often provide the basis for petitions for post-conviction relief. One of the more common reasons people question a conviction is that they did not receive appropriate guidance from an attorney.
When can people seek post-conviction relief by asserting ineffective assistance of counsel?
Legal malpractice takes many forms
Ineffective assistance of counsel is essentially a claim that a lawyer’s representation did not conform to current best practices or meet professional standards. If the defendant may have experienced legal malpractice, they could have grounds to request post-conviction relief.
In some cases, people could claim ineffective assistance of counsel if a defense attorney convinced them to accept a plea bargain when there was a straightforward defense strategy available, such as challenging the legality of a traffic stop. Other times, an attorney displaying a lack of familiarity with applicable statutes or judicial precedents could constitute ineffective assistance of counsel.
Ethical failures, such as choosing not to disclose a conflict of interest, could also raise questions about an attorney’s representation during a criminal trial. If other lawyers recognize the failures of a defense attorney, the convicted defendant may have grounds to question the legal representation they received.
Reviewing – with the help of a post-conviction legal team – the conduct of a negligent lawyer during in-person consultations, conferences with the prosecution and court proceedings could help defendants determine if they have grounds to seek post-conviction relief. Defendants failed by an attorney during an initial trial could prevail if they take action with the assistance of another, ethical legal professional.