Ineffective Counsel Legal Steps

Summary

To address ineffective counsel claims in New York, file a motion to vacate judgment under CPL 440.10, showing deficient performance and resulting prejudice. If your new attorney is also ineffective, consider finding another through the New York State Bar Association.

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Jason Fruin
Hello Jason, nice to meet you. I'm here to offer guidance on legal matters. What specific legal issue would you like assistance with?
Criminal case In which I took a plea however my council was found ineffective
Hello Jason. It seems like you're dealing with a post-conviction relief scenario. Could you please tell me your location so I can provide more accurate information?
New York Nassau county
Hello Jason. Here are some general steps for ineffective counsel claims in New York:
- File a motion to vacate judgement under CPL *.*
- Show counsel's performance was deficient
- Show that deficient performance prejudiced your defense
You may require a Post-Conviction lawyer. Would you like information on how to find one?
Yes
To find a Post-Conviction lawyer in Nassau County:
*. Visit the New York State Bar Association's website.
*. Use their lawyer referral service.
*. Specify your legal issue and location.
Remember to check the lawyer's experience in post-conviction relief cases.
However at my sentencing hearing the judge did find my attorney ineffective and gave me a new attorney
That's a good start, Jason. Now, with your new attorney, you can continue the process of appealing your case based on ineffective counsel. Remember to discuss the specifics of your case and your previous attorney's deficiencies with your new attorney.
However my new attorney is also not doing the things that I would like him to do I relay information to the DA
If you're unhappy with your new attorney, you have the right to communicate your concerns. If issues persist, consider finding a new lawyer. The New York State Bar Association can help you find a lawyer who specializes in ineffective counsel claims.