Is Your Criminal Defense Lawyer Effective?

            In almost every criminal conviction that is appealed, the criminal defendant claims that his or her trial lawyer was ineffective.  However, these claims are rarely upheld.

            In Johnson v. State, for instance, Mr. Johnson appealed his conviction for murder. In the criminal proceeding, Mr. Johnson’s attorney did not call a DNA expert. He also did not object to the prosecutor’s closing argument. Finally, he did not assert marital privilege to Mr. Johnson’s wife's daming testimony. (see http://statecasefiles.justia.com/documents/utah/court-of-appeals-published/johnson060107.pdf?1316644072.) These are all really bad mistakes. Despite these short comings, the Utah Court of Appeals upheld Mr. Johnson’s conviction.

            To prevail on a claim that a criminal defense attorney rendered ineffective assistance of counsel, a defendant has to show (1) that the counsel’s performance was objectively deficient, and (2) that a reasonable probability exits that but for the deficient conduct the criminal defendant would have received a more favorable result. Unfortunately, there is a “strong presumption that the trial lawyer rendered adequate assistance.” State v. Clark, 2004 UT 25, ¶6.

            So here’s the takeaway: if you are charged with a crime, your criminal defense attorney better do a good job the first time around. How do you know if your criminal defense attorney will do a good job? Here are some factors to consider:

1. Does your criminal defense lawyer care about you? If you do not feel like your criminal defense attorney cares about you, find a new one. 
2. Does your criminal defense attorney call you back promptly, respond to your questions, visit you if you are incarcerated, and otherwise keep you updated on the status of your case? Criminal defense attorneys that fail to communicate do not care. Yes lawyers are busy, but you should expect a return call from your lawyer within 24 hours.
3. Has your criminal defense attorney been recommended to you? You can find a good criminal defense attorney in the yellowpages or online, but talk to your friends first. A good criminal defense attorney is hard to find.
4. Is your criminal defense attorney experienced in your type of criminal case? There is a big difference between a criminal charge of securities fraud and retail theft. Ask your criminal defense attorney how many cases similar to yours he or she has handled.
5. Does your criminal defense attorney have a good relationship with the prosecutors? Many criminal defendants think a big-mouthed lawyer is the best. In my opinion, however, the best criminal defense attorneys are not the loudest. Rather, the best have a developed and professional relationship with the prosecutors that they can use to your advantage. There is a time for lawyer chest beating, but it should be the exception not the rule.  

             This is certainly not a comprehensive list, but it should point you in the right direction. Your future is in the hands of your criminal defense attorney. If you would like to speak with an attorney at Avery Burdsal & Fale about your criminal defense needs, contact us at 801-788-4122 or visit us on the web at http://www.abflegal.com/.