Ineffective Assistance Of Counsel

Full Video Transcript

Most people understand that they have a constitutional right to have a lawyer present during criminal proceedings under the 6th Amendment right to counsel, but there's more to it than that. You have the right to effective counsel. Now "effective counsel" obviously doesn't mean that your lawyer has to win your case, but if your lawyer's performance fell below a certain objective standard of reasonableness, and your lawyer's mistakes caused a different result in your case than would have otherwise occurred, you may have a claim of ineffective assistance of counsel. In some cases, your conviction may even be overturned because of it. It is common for prisoners who claim they've had ineffective assistance of counsel to bring a writ of habeas corpus before the court to allege that their imprisonment is invalid.

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