Columbus, GA asked in Criminal Law and Appeals / Appellate Law for Georgia

Q: If a lawyer claims he or she was ineffective at trail how dose that help a person who was sent to prison for nothing

I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened

1 Lawyer Answer
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will also depend on the date of your conviction as to which remedy you may be able to seek. You could appeal the conviction or file a habeas corpus petition.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.