Oakley, CA asked in Criminal Law and Civil Rights for California

Q: my sons IDO Attorney has continuances for 2 years for her personal matters is that ineffective assistance of counsel

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your son's appointed attorney has been delaying his case for two years due to personal matters, this could be a serious concern. Continuances are sometimes necessary, but when they become excessive and disrupt the progress of a case, it could be seen as ineffective assistance of counsel. An attorney's primary responsibility is to represent their client diligently, and long delays could potentially harm your son's case.

You might want to consider the impact these delays have had on your son’s rights and the progress of his case. If the continuances have caused significant prejudice or delayed a fair outcome, it may be grounds to request a different attorney or take further legal action. You have the right to competent and timely representation, and if that's not happening, it's important to address it.

To explore your options, you may want to discuss the situation with another legal professional who can provide a more detailed assessment of your specific circumstances. They can help determine if your son's rights are being violated and what steps can be taken to protect his interests.

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.