If someone is found guilty of a class x crime and is waiting to be sentenced,,,,but the lawyer misrep. the client. and was fired what will happen by law when the client goes before the judge for sentencing?
2007-12-23 10:49:16 · 4 answers · asked by Rochelle E 1 in Politics & Government ➔ Law Enforcement & Police
A mistrial is when there is a legal error made and the trial is stopped before it goes to the jury. If the lawyer was fired after he was found guilty this is not a mistrial. Another lawyer can stand with the defendant for sentencing The new lawyer can ask for a retrial citing mistakes the first attorney made and if granted the guilty verdict will be set aside and a new trial will take place. That is not a mistrial.
2007-12-23 11:07:44 · answer #1 · answered by lcmcpa 7 · 3⤊ 0⤋
A miss trial can be if an error was made during trial that could have changed the outcome. Also a miss trial could happen if the jury can't reach a verdict. The prosecutor has to decide if they want to retry the case.
If the defendant is complaining of ineffective counsel, another attorney will be appointed to file an appeal. The Court of appeals will decide if the counsel made errors that would effect the outcome of the trial. If the verdict is over-turned by the appeals Court, the prosecutor still has to make the decision to retry.
If none of this is the case, another attorney will be appointed and the defendant will just be sentenced as usual.
2007-12-23 11:25:44 · answer #2 · answered by Just my opinion 5 · 0⤊ 0⤋
I asked a recent graduate from law school about those TV situations where a witness is on the stand, being grilled by the defense attorney, and then flat out confesses to the crime. I asked if a jury would still have to find the defendant guilty or innocent. She said that outburst would bias the jury and a mistrial would be declared. Whether the trial would go on with a new defendant... I forget. This is just my little two cents worth about this question.
2007-12-23 13:15:09 · answer #3 · answered by Allen B 1 · 0⤊ 0⤋
If a mistrial is declared, the conviction is vacated and the case goes back to trial with a different jury.
However, your example does not meet the criteria for a mistrial, and I would expect sentencing to continue. If it was a court appointed attorney, the defendant could request another attorney. If the defendant hired his own attorney, it would be up to him to have him replaced.
The defendant could file an appeal, claiming inadequate representation, but that will not change the sentencing.
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2007-12-23 10:51:35 · answer #4 · answered by trooper3316 7 · 1⤊ 0⤋