Inadequate Representation
Are you amongst the countless individuals who had inadequate representation at your trial? Were you convicted of a crime in the state of Oklahoma and you’re wondering if there’s anything you can do about it?
Hi, I’m Oklahoma City Attorney Aaron Easton, and this is part one in a five-part series on one of the most common questions/types of cases I get as a post-conviction attorney, and that is in regards to what’s known as the ineffective assistance of counsel, and it typically has to do with trial counsel, although it does pertain to appellate counsel as well.
And the answer to those questions to begin with is yes, you do have some recourse potentially, and that recourse can be found in a couple of different areas. First and foremost is under the Oklahoma Post-Conviction Act statutes, and that’s Title 22, Section 1080, and in Subsection 1 of that statute, you find that the Oklahoma Legislature has said that those defendants who have had their constitutional rights violated can appeal to the district court in which they were sentenced for post-conviction relief, and post-conviction relief broadly means having your case overturned, getting a new trial, things of that nature, really anything the court determines sufficient to rectify the wrong that happened upon you.
The Right to Appeal
So that begs the question, if you have the right to appeal your conviction through the post-conviction process for your constitutional rights being violated, that begs the question, what right was violated here? And the answer to that is under the United States Constitution, you have the right as a criminal offender for the reasonably effective assistance of counsel, and that’s found in the Sixth Amendment to the Constitution.
And so, if you can show by the facts and circumstances of your case that you did not receive the effective assistance of counsel, you might be able to apply for post-conviction relief with the district court where you were convicted of.
Get a Initial Consultation
So to speak to somebody at my firm for a initial consultation, you can reach us at 405-888-5400, or find us online at postconviction.lawyer.