The Obligations Of A Defense Lawyer To Give You “Effective Assistance”
This article came up as a response to a reader’s suggestion that an office should be established to oversee the performance of lawyers. I don’t think that’s necessary because both defendants who speak up, and judges who are observant can tell a judge all he needs to know. But you must speak up. This is what you should know about what a practicing lawyer in the U.S. is supposed to do. Learn it and hold your attorneys to it and if he/she falls short, tell the judge. You must SPEAK UP.
- After your arrest, your attorney should visit you within a few days and discuss the nature of the complaint or indictment and tell you what is going to happen as the process continues.
- After your discovery (the evidence) is turned over to him, he should meet with you promptly and discuss it and how you should move forward.
- This generally involves three options: 1) trial, 2) plea without cooperation, 3) plea with If further information is needed to help you come to a decision, he can obtain it. At that time he may recommend a course of action and you should discuss it with him for as long as it takes.
- If the option is to plead, the plea agreement should be brought to you at the prison and not at the courthouse just before you go out to meet the judge. It should be discussed calmly in a private room along with a beverage of your choice and perhaps a candy bar to make things more relaxing. You can even ask your lawyer in advance to have the agreement translated for you so you can digest the agreement in the privacy of your cell and be prepared for questions before he comes to see you. By the time you take your plea you should know the score so you can avoid the sob story of “my lawyer promised me,” and my lawyer did not explain to me.”
- Whenever you are going to court or to the prosecutor’s office, or anywhere, your attorney should advise you in person or via mail or e-mail of when and what will be happening. Nothing should take you by surprise in this process. If any of those steps above mentioned are missing: SPEAK UP. The judge is going to ask you questions about this (“are you satisfied with your attorney?”) and give you the opportunity to answer. TAKE ADVANTAGE OF IT. SPEAK UP. The judge will deal with it because he wants to prevent a plea from being withdrawn by you or a remand by the court of appeals because the judge did not address a complaint of yours. So if a judge heard for example that the plea agreement had just been given to you in court and no one has read it to you, or your lawyer has never visited you, or that he did but promised you something, there is no way that he would not adjourn that case to clear up your complaints.
- SPEAK UP. Don’t complain to your bunkie or family. If it is not “on the record,” it didn’t happen. SPEAK UP.
- After a plea, the judge will order a presentence interview. The lawyer should insist that he be present. The probation office will contact the lawyer to set up a time and date. Prior to the interview, the lawyer should explain to you what questions will be asked of you.
- A report will be submitted to the judge. It is called a pre-sentence report (PSR). That report will be given to your attorney, and he should visit you and discuss it with you to determine whether it is accurate and complete and if it isn’t he should promptly correct it. That PSR goes with you wherever you go, and is chiefly relied upon by prison authorities.
- Your lawyer should submit his own pre-sentencing report on your behalf.
- Then you will be sentenced. Your lawyer will advise you of your right to appeal, and he must as a matter of law file a notice of appeal on your behalf even if you have nothing reasonable to appeal.
- The life you save is your own. Speak up. Take control of your destiny. It’s too late after your sentence.