An attorney has an ethical duty to investigate and present a defense.
Failure to investigate or present a defense is generally ineffective assistance of counsel. When your freedom is at stake you need the best legal help available.
Failure to Present a Defense is Reversible Error
The failure to investigate or present a defense are major mistakes criminal defense attorneys make with some regularity. A great criminal defense attorney will leave no stone unturned to make sure that the client has every opportunity to face the prosecution’s charges with defenses. A great criminal defense attorney will have experts that can assist the attorney in formulating defenses, such as private investigators. When your freedom or livelihood is at stake, you do not want to trust your future to just “some” attorney, a “low cost” lawyer, or an attorney who does not specialize in cases like yours. You want the best legal help available.
In People v Carol Sue Kusk, a recent decision by the Michigan Court of Appeals, the court determined that defense counsel’s failure to request a self-defense instruction was not part of the trial strategy. The attorney’s actions fell below an objectively reasonable standard of performance. The case involved a credibility contest between the defendant and the victim. Defense counsel not seeking a jury instruction to allow for a finding of self-defense was ineffective assistance of counsel. This is especially true when there was a reasonable probability that the case’s outcome would have been different with that instruction.
This was a major mistake by defense counsel in the Kusk case. Even though there was clearly a failure to investigate or present a defense, the Michigan Court of Appeals reversed the decision.
Sometimes You Do Not Get a Second Bite at the Apple
The Kusk case should have been done correctly to begin with and not have to rely on a higher court to correct counsel’s error. You can expect a case to be handled correctly, from start to finish, when you retain the services of LEWIS & DICKSTEIN, P.L.L.C.
Every possible defense should be employed to ensure you receive the maximum protection under the law.
Ineffective assistance of counsel are words that no defense attorney wants to hear, but some care more than others. If an attorney does his job to the best of his ability, generally, that will suffice and be “good enough.” LEWIS & DICKSTEIN, P.L.L.C. is not satisfied with just being “good enough.” The firm prides itself on being great and obtaining extraordinary results. The firm prides itself on getting good recommendations from former clients, other lawyers, and judges.
Defense Lawyers Who Will Thoroughly Investigate and Present Your Defense!
LEWIS & DICKSTEIN, P.L.L.C. has award-winning attorneys who take their role in representing criminal defendants extremely seriously. The firm’s attorneys have spent their entire legal careers doing nothing but representing people facing misdemeanor and felony offenses at the state, local, and federal levels.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
