Ineffective Counsel Appeal Guidance

Summary

To appeal a conviction based on ineffective counsel in Indiana, you must prove your lawyers performance was below an acceptable standard and that it affected the case outcome. If charged under a misdemeanor but sentenced as a felony, this could be grounds for post-conviction relief. Review the charging document and judgment of conviction for discrepancies. The Indiana Judicial Branchs self-service legal center offers resources for pro se litigants. Document any communication issues with your lawyer and obtain court records to support your claim.

Full Conversation

I have concerns that my lawyer didn't represent me well and encouraged me to enter in to a plea agreement that wasn't a good compromise. I believe I can show inneffectiveness of cousil and need help with an appeal
Hello **** ****, I understand your situation. In Indiana, ineffective counsel can be a basis for an appeal. However, you need to prove that:
*. Your lawyer's performance fell below an objective standard of reasonableness.
*. There's a reasonable probability that, if not for the errors, the result might have been different.
Do you have evidence to support these points?
I believe so but thats objective
Hello ****, it sounds like you have a challenging situation. It would be beneficial to consult with an appellate attorney who can evaluate your case. They'll help determine if there's enough evidence to appeal based on ineffective counsel. Would you like resources to find an appellate attorney in Indiana?
No, I am pro se. I need help. I can not afford an attorney.
Hello ****, I understand your predicament. As a pro se litigant, you can access resources to help you understand the appeal process. The Indiana Judicial Branch has a self-service legal center, available online, where you can find forms and instructions for appeals. Would you like the website link?
I was sentenced to a felony sentence and was told I was charged with a felony but after reviewing indiana codes, I was charged under the misdeamenor codes and not the felony ones
Hello ****, if you were charged under a misdemeanor but sentenced as a felony, it's a serious issue. However, you would need to prove this discrepancy. Please check:
- The charging document (information or indictment)
- The judgment of conviction
These should clearly state the crime you were convicted of. If there's an error, it could be grounds for an appeal.
ok, So it says guilty of count two, OWI, a level * felony. However, I was charged twice under Indiana Code *-*-*-*(a) on the charging information. IC *-*-*-* is specifically about a class- a misdemeanor, while IC *-*-*-* is a felony.
Hello ****, this seems to be a potential discrepancy. You may want to look into "Post-Conviction Relief" under Indiana Rules of Procedure, Rule *(*)(a)(*). This allows a conviction to be challenged if it violates constitutional rights due to an erroneous sentence.
Would this be considered an erroneous sentence
Hello ****, based on your account, it might be considered an erroneous sentence. However, it ultimately depends on the court's interpretation of the statutes and facts of your case. You should file a petition for post-conviction relief where you detail the error for the court to review.
Is it appropriate for a court to adopt a standard for filing charges that are incorrect like this?
Hello ****, courts are expected to strictly adhere to legal standards when filing charges. However, errors can occur. If you believe there's an error, it's crucial to challenge this through appropriate legal means such as filing a petition for post-conviction relief.
Well, here is the thing. I have already served a year and a half of incarceration and 6 months probation
Hello ****, you can still file a petition for post-conviction relief even if you've completed your sentence. This could potentially clear your record of the felony conviction. It's important to note that this is a complex process and legal advice is recommended.
also, IC *-*-*-* Imprisonment; community restitution or service; alcohol or drug abuse treatment Sec. *. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:under this chapter, the court shall: (*) order: (A) that the person be imprisoned for at least ten (*) days; or (B) the person to perform at least three hundred sixty (*) Indiana Code 2016hours of community restitution or service; and (*) order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse; if the person has at least two (*) previous convictions of operating while intoxicated. (c) Notwithstanding IC *-*-*-*.* and IC *-*-*-*, a sentence imposed under this section may not be suspended. The court may require that the person serve the term of imprisonment in an appropriate facility at whatever time or intervals (consecutive or intermittent) determined appropriate by the court. However: (*) at least forty-eight (*) hours of the sentence must be served consecutively; and (*) the entire sentence must be served within six (*) months after the date of sentencing. Would this not mean that I could not get sentrenced to anything more than 6 months of actual imprisonment
Hello ****, IC *-*-*-* does dictate certain sentencing parameters. However, it doesn't necessarily cap the sentence at 6 months. It refers to when the sentence must be served by. The actual length could be determined by other laws or the judge's discretion.
Yes, but with the statement of "THE ENTIRE SENTENCE MUST BE SERVED WITHIN * MONTHS AFTER THE DATE OF SENTENCING" would make it impossible to serve more than * +/- days.
Hello ****, indeed, the wording suggests that the sentence must be completed within 6 months. However, interpretations can vary. It would be best to consult the actual sentencing documents or a legal expert to confirm this interpretation.
What other interpretations could there be?
Hello ****, the phrase "entire sentence must be served within six months after the date of sentencing" could mean that any term of imprisonment imposed must begin and end within a six-month period. However, it might also refer to the completion of all sentencing obligations, including probation or community service, within that timeframe. Legal language can be complex, and each case is unique. It's always best to seek expert advice.
Would these things constitue inneffectivness of counsil?
Hello ****, ineffective counsel can be claimed if:
*. Your lawyer's performance was below an acceptable standard.
*. This poor performance affected the outcome of your case.
You would need to prove these points in court. Your situation could potentially be grounds for an appeal due to ineffective counsel.
Also he lied to me about sentencing and other things. For example My plea agreement said * IDOC to be served as 180 days in IDOC, 370 days HCCC and 365 days suspended. since I was sentenced to IDOC shouldnt they have been the ones selecting placements?
Hello ****, the Indiana Department of Correction (IDOC) typically has discretion over placements. However, your plea agreement specifies different placements. Were these placements discussed with you before you accepted the plea agreement?
They were, However I wasnt informed that DOC would automatically place me in community corrections, or that a level 6n felony wasnt even supposed to be committed to IDOC
Hello ****, it sounds like there may have been a lack of communication or misunderstanding about the sentencing details. To clarify, were you given the opportunity to review and understand the terms of the plea agreement before agreeing to it? This is a crucial aspect of proving ineffective counsel.
I would say that I somewhat understood the sentence but nowhere close to fully\
Hello ****, for an ineffective counsel claim, it's critical to demonstrate that your lawyer didn't adequately explain the plea agreement's terms. Did your lawyer explain the potential consequences of being sentenced under the plea agreement?
He did not explain that I was signing a pleas for felony charges when only misdemeanor IC's were listed on the case. He also didnt explain that I was accepting a plea for the max.
Hello ****, these are serious allegations. It's essential to document these concerns. This could potentially demonstrate ineffective counsel. Are there any written communications or witnesses that could support your claims?
My fiance encouraged me to fire him before I accepted the plea. There was also another plea offered. It was rejected by the judge after I had waived my rights and signed the plea. The judge proceeded to explain why he rejected the plea and in doing so gave the prosecutor information that they were previously unaware of. My attorney never objected or said anything. That seems to be in violation of the Indiana rules to judicial coinduct.
Hello ****, it's concerning to hear about your experience. The judge sharing information with the prosecutor could raise ethical concerns. However, it's crucial to consider the context of these interactions. Do you have documentation or a record of this incident? This could potentially be evidence for an ineffective counsel claim.
Would it not be in the courts record? It happened in court
Hello ****, court records usually detail all proceedings. If this incident occurred during your court hearing, it should be recorded. You can request a transcript of the court proceeding where this incident took place. Make sure to keep a copy for your records.
My son was born while i was incarcerated for this crime. He was boirn on June 8th *. I wasnt released until Dec 26th *. My son died on Dec. 6th * unexpectedly. They took his only christmas and 6 months of his life away from me
Hello ****, I'm truly sorry for your loss. It's undoubtedly a painful situation. Given these circumstances, it's even more crucial to pursue your legal rights diligently. Do you need information on how to obtain court records or any other assistance in this matter?
I need help. Bad
Hello ****, I'm really sorry to hear about your situation. It seems like you need help with the process of filing for post-conviction relief. The Indiana Judicial Branch's self-service legal center has helpful resources. Would you like the website link to it?
Ive tried it.
Hello ****, I understand that you're going through a difficult time. Do you need guidance on how to use the resources at the Indiana Judicial Branch's self-service legal center, or is there another area in which you require further assistance?