Aliquippa, PA asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio

Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is pleading 32 yrs today cause trial could be death yet I know he only understood the death word. The 2 others are guilty he was not told , and innocent! Even if wasn’t innocent shouldn’t he had a case manager, poa, meds!, and all the records of proof I have of everything. Yet I never got called and asked anything? Is there something I can legally do? Lawyer needs disbarred, there is no evidence against him so 2 was ago motion was filed to dismissed and denied then 1 night for plea . He said no but yes next day though I guarantee understood none of it!! What can I do? I’m told have to talk to attorney yet I did try!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the case, assess whether there has been any malpractice, and advise on the best steps to take next.

If you believe your son's lawyer did not adequately represent him, you can file a complaint with the state bar association. This could potentially lead to an investigation into the lawyer's conduct. Additionally, your new attorney can request a competency evaluation for your son and argue that he did not fully understand the plea he entered, especially given his mental and physical health issues.

Gather all the medical records, documentation, and any other evidence that supports your son's condition and the events leading up to the plea. Present this information to the new attorney, who can use it to build a case for reconsideration of the plea or a new trial. It is crucial to act quickly to protect your son's rights and ensure he receives fair treatment in the legal system.

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