Ineffective assistance of counsel
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Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. In order to prevail on such a claim, the plaintiff or appellant must show two things:
- Deficient performance by counsel.
- But for such deficiency, the result of the proceeding would have differed.
Some states limit the use of this appeal to mistakes the counsel made at trial.[citation needed]
In Strickland v. Washington (1984), the Supreme Court of the United States established that failure to inform a defendant of the direct consequences of a sentence qualifies as ineffective assistance of counsel, but failure to inform of collateral consequences of criminal charges does not. All immigration related consequences are considered collateral. [1]
Having the benefit of counsel or assistance of counsel means that the party (defendant) has had a competent attorney representing him or her.
Ineffective assistance of counsel may also be a ground for voiding a waiver of the right to appeal that a defendant may have signed as part of her agreement to plead guilty. [2]
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