Ineffective Assistance of Counsel Attorney
The Sixth Amendment in the U.S. Constitution’s Bill of Rights recognizes a number of rights granted to the criminally accused, one of which is the “Assistance of Counsel” for your defense. Courts, including the U.S. Supreme Court, have held that “assistance of counsel” is only meaningful if it is effective assistance of counsel. Florida criminal defense attorney Lisabeth Fryer is experienced in all facets of criminal defense in Florida state and federal courts, including trials, appeals, and applications for post-conviction relief due to ineffective assistance of counsel and other reasons.
A positive outcome is never a guarantee in any criminal case, but if you believe you suffered a unfavorable consequence because of mistakes your attorney made, it is worthwhile to have your case examined by an independent legal professional who is experienced in these matters. A motion based on ineffective assistance of counsel could lead to a new trial, an overturned conviction, a modification of your sentence or other beneficial results. Learn more about these motions below, and contact criminal attorney Lisabeth J. Fryer, P.A. for a free, initial consultation on the possibility that ineffective assistance of counsel played a role in your conviction or sentence.
How do you prove ineffective assistance of counsel?
The standard set by the United States Supreme Court for ineffective assistance of counsel motions actually rose out of a Florida criminal case in the 1980s. According to the decision in Strickland V. Washington, the defendant is required to demonstrate a reasonable probability that a different result would have occurred if the defendant’s lawyer had performed competently. An attorney taking on this motion must not only prove that your lawyer’s conduct fell below what was expected but also that it affected the outcome in your case. For this reason, it is important to retain a lawyer who is knowledgeable and experienced not just in post-trial motions but in personally conducting criminal trials as well. Lisabeth Fryer has this experience as a practitioner of Florida criminal law, federal criminal law, and post-conviction relief motions for ineffective assistance of counsel.
How are these motions made?
The Florida Supreme Court has held that ineffective assistance of counsel motions are properly brought under Rule 3.850 of the Florida Rules of Criminal Procedure. Over more than 11 pages of rules, committee notes and court commentary, Rule 3.850 puts forward a lengthy set of requirements for filing a motion claiming ineffective assistance of counsel and other motions for post-conviction relief, such as claims based on newly discovered evidence or illegal sentencing. There are strict time limitations, requirements for both the form and contents of the motion, and specifics regarding hearing procedures, appeals and habeas corpus applications, among other matters.
If the motion is contested by the state, the court may conduct an evidentiary hearing, with the burden falling on the defendant to prove why the motion should be granted. Ensure your motion is both timely and sufficient and that your argument will be heard in court and argued by a passionate advocate by contacting the law office of Lisabeth J. Fryer. We are passionate about clients’ cases, and we invest a great deal of time and effort into securing the best result every time.
Call Today to Discuss Your Claim for Ineffective Assistance of Counsel
If you believe your Florida criminal matter suffered due to ineffective assistance of counsel, call Lisabeth Fryer at 407-960-2671 for a free, initial consultation with an experienced and successful Florida criminal defense lawyer and post-conviction attorney.