Advice to the Criminal Bar: Preparing Effectively for Allegations of Ineffectiveness

Florida Rule of Criminal Procedure 3.850 allows people who have been found guilty to challenge their judgment and sentence and get post-conviction relief. The 13th Circuit is the only one in Florida with a whole division just for handling these challenges. When it started in 2006, it had a backlog of almost 400 cases, and by 2007, 800 more cases had been filed. These challenges often claim that the lawyer didn’t do a good job. As a judge in this division, I want to tell you not to take it personally if you’re the subject of one of these challenges. It’s just part of being a lawyer. I’ll give you some tips on how to prepare for these challenges and avoid being found ineffective. If a defendant thinks their lawyer didn’t do a good job, they have to show that the lawyer made serious mistakes and that those mistakes affected the outcome of the trial. If they plead guilty instead of going to trial, they have to show that they would have gone to trial if their lawyer had done a better job. A recent court decision means that even if a defendant’s claims about their lawyer are weak, they can still get a chance to fix them and try again. But there are also rules in place to limit how many times they can keep filing complaints about their lawyer. In simple terms, the Stahl v. State case says that a defendant may give up their right to file certain appeals as part of a plea deal. However, they can still claim that their lawyer gave them bad advice in making the plea deal. The court can also deny some appeals without a hearing if the evidence shows that the lawyer did their job properly. It’s important for the court to have a record of important information about the case to make these decisions. And before a defendant agrees to a plea deal, the court should ask them if they had a chance to talk to witnesses and explore their defenses. This will help the court decide if the plea deal was fair and if the lawyer did their job properly. If a defendant claims their lawyer didn’t do a good job, they can get a hearing to prove it. The burden is on the defendant to prove this claim, but if they do, then the state has to prove them wrong. In these hearings, the state may call the defendant’s old lawyer to argue against the claim. It’s important for the lawyer to not take it personally, but to be prepared and review their file before testifying. As a criminal defense attorney, it’s important to keep organized and well-documented files to protect yourself from allegations of ineffective assistance of counsel. Keep records of all witnesses your client requested for investigation, and document any motions that were considered but found to have no basis. This will help defend against any claims of incompetence in the future. It may seem like a lot of work, but it’s worth it to be a more effective attorney and protect yourself from potential legal trouble. If someone thinks their lawyer did a bad job during their trial, they can file a motion to try and fix it. But they have to be specific about what the lawyer did wrong, and they have to do it within two years of the trial ending. If they don’t do it right the first time, they might get a chance to fix it, but they have to do it within 30 days. If they say their guilty plea was forced, they have to show more than just saying they didn’t do it on their own. And just because they said they agreed to the plea in court doesn’t mean they can’t say later that it wasn’t really their choice. This article discusses different court cases and legal principles related to criminal law. It is written by a judge and a senior staff attorney from the 13th Judicial Circuit. They are part of the Criminal Law Section of The Florida Bar. The section aims to teach its members about duty, service, and improving the justice system.

Source: https://www.floridabar.org/the-florida-bar-journal/advice-to-the-criminal-bar-preparing-effectively-for-allegations-of-ineffectiveness/