The Sixth Amendment not only protects your right to counsel, even if you can’t afford it, but it also protects your right to effective counsel. If your lawyer gave you bad advice, didn’t explain your charges, or performed badly in court, you might end up in prison. We can help defendants prove their cases suffered from ineffective assistance of counsel when we file Post-Conviction Relief Act (PCRA) petitions.

At the hearing, we must prove an attorney’s deficient performance and the resulting “prejudice,” meaning how it affected the trial’s outcome. Were it not for ineffective counsel, your sentence may be much different, or you may not have been convicted at all. After proving ineffective assistance of counsel, you may get a new trial. Judges may also modify sentences or release defendants, depending on the case.

Get a free case review from the Liberty Law Team’s Pennsylvania criminal conviction appeals attorneys by calling (215) 826-3314 today.

How Do You Prove Ineffective Assistance of Counsel in Pennsylvania?

Ineffective assistance of counsel may be grounds to get a new trial in Pennsylvania. Our lawyers know what it takes to prove ineffective assistance of counsel, so do not wait to contact us about your case.

You must establish two elements to prove ineffective assistance of counsel. The first is that your previous lawyer’s performance fell below the objective standard for attorneys. The second element is that the trial’s outcome would have been different were it not for your lawyer’s bad advice or performance.

Not making sure all evidence is tested, not investigating potential witnesses, or giving you wrong information about plea agreements, charges, or possible sentences are examples of ineffective assistance of counsel. If DNA evidence was tested, it may have exonerated you. If you better understood a plea agreement, you may not have accepted it.

Court transcripts, witness statements, your testimony, and correspondence are just some examples of evidence we can use to prove ineffective assistance of counsel.

Call our Philadelphia criminal defense lawyers if you think your previous attorney’s bad performance is why you are behind bars. We can read motions they filed, review transcripts of witness questioning, and see if their missteps mean you deserve another trial.

Can I Get a New Trial for Ineffective Assistance of Counsel in Pennsylvania?

Our attorneys can help get you a new trial if you were convicted or pled guilty to a crime because of ineffective counsel. To do this, we will file a Post-Conviction Relief Act petition.

In the petition, we will state why you are seeking post-conviction relief. The PCRA lets defendants seek relief for many reasons, including constitutional violations, unlawfully obtained guilty pleas, and ineffective assistance of counsel.

We submit this petition to the sentencing court. You may then get a hearing, where the judge will decide whether or not your previous attorney’s behavior interfered with your case. If they agree you had ineffective assistance of counsel, the judge may order a new trial or modify your sentence.

You have one year from the final judgment being entered in your case to file a PCRA petition in Pennsylvania. There are some exceptions to this, however, so don’t be discouraged if it’s been longer than a year. If you just learned about your previous attorney’s behavior and how it affected your criminal case, the timeline changes. Instead of having one year from the final judgment to file a PCRA petition, you have one year from discovering you can file a petition to do so.

Can Proving Ineffective Assistance of Counsel Modify Your Criminal Sentence in Pennsylvania?

Filing a PCRA petition can result in different outcomes. While judges may order new trials, they may also modify sentences or vacate them altogether.

If previous counsel led you to accept a bad plea agreement, you may have already spent years in prison. At your PCRA hearing, the judge may agree you have severed enough time and release you or shave some years off your sentence.

Getting a PCRA hearing doesn’t guarantee the judge will change your sentence or give you a new trial, so you need an experienced lawyers’ help.

What if You Get a New Trial After Proving Ineffective Assistance of Counsel?

If you get a new trial after filing a successful PCRA petition for ineffective assistance of counsel, our lawyers can represent you. This time, we can build you a strong defense and ADD here.

When you get a new trial, the entire process restarts. There will be a new jury, and the prosecution might have a different or almost identical case. Our lawyers may introduce evidence that wasn’t included during your first trial, like “exculpatory” physical evidence or eyewitness testimony. Your previous counsel may have been ineffective for not introducing evidence that would clear your name during the first trial, and we can avoid that during the second.

Getting a new trial does not guarantee you will get a different outcome. You may still face prison time if convicted, so let our experienced lawyers handle your case.

What Should You Do if You Have Ineffective Counsel in PA?

If ineffective assistance of counsel led you to accept a bad plea agreement or ended in a guilty verdict, contact our attorneys immediately. The sooner we get up to speed on your case, the better.

We need to learn about the trial, evidence, and charges, as well as about your relationship with your old attorney. You can tell us the advice they gave you and how they handled your case.

Facing criminal charges is overwhelming for many reasons, and defendants need capable attorneys to help them. Prioritize your future and contact our lawyers to take over your criminal case right away in Pennsylvania.

Call Our Criminal Defense Lawyers for Help in Pennsylvania

Get a free case assessment from the Liberty Law Team’s criminal defense lawyers when you call (215) 826-3314.