Home -> Law Blog Directory -> Criminal Law Blogs -> Southern California Criminal Defense Blog

Criminal Law

: Southern California Criminal Defense Blog

Ineffective Assistance of Counsel is Cause to Withdraw a Plea When Counsel Failed to Have Defendant's Statements Excluded

By Walin & Klarich

An ineffective assistance of counsel claim is one reason to withdraw a plea agreement. In order to prevail on an effective assistance of counsel claim, defendant must demonstrate that his counsel?s representation was ?deficient? and that deficiency caused a result that would not have happened but for the inadequate representation.?Deficient? means that the counsel?s representation fell below an objective standard of reasonableness; meaning, the attorney did not handle the case as a reasonable attorney would. In Moore v. Czerniak, the defendant pled no contest to felony murder under the advice of his counsel. July 28, 2000, DJR, No. 04-15713. However, police obtained an illegal confession from the defendant that should have and would have been excluded from evidence...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 29, 2009 (boomark / email).