If you have been convicted of a crime, you have the right to competent legal representation. Most defense attorneys work hard to protect your rights. However, serious mistakes can happen. When those mistakes affect the outcome of your criminal case, your conviction may not stand. In some situations, a court may order a new trial after carefully reviewing what went wrong. Understanding when that can happen helps explain why these claims face a high legal standard.
What makes a claim successful?
Not every mistake by a defense attorney is enough to justify a new trial. Courts apply a two-part test established by the U.S. Supreme Court in Strickland v. Washington. You must show that your attorney’s performance fell below a reasonable professional standard and that the mistake likely affected the outcome of your case. Poor strategy alone is usually not enough. The focus is on whether the error made your trial unfair. The next question is what types of attorney errors may satisfy that standard.
What types of errors may qualify?
Each case depends on its own facts, but some issues appear more often than others. Common examples include:
- Failing to investigate important witnesses
- Overlooking evidence that could support your defense
- Failing to challenge unreliable forensic or DNA evidence
- Giving incorrect advice about a guilty plea
In guilty plea cases, courts also consider the ruling in Hill v. Lockhart. The question is whether you would have chosen to go to trial if you had received competent legal advice.
How are these claims handled in Maryland?
In Maryland, many ineffective assistance claims are raised through the Uniform Post Conviction Procedure Act rather than during a direct appeal. Under Maryland Code, Criminal Procedure Section 7-102, you may seek post-conviction relief if your conviction or sentence violated your constitutional rights. If the court finds there is a reasonable probability that your attorney’s errors changed the outcome of your case, it may order a new trial or other appropriate relief.
Determining whether you have a valid claim for ineffective assistance of counsel is complex. If you believe your trial was unfair due to legal errors, gathering your records and reviewing Maryland’s post-conviction procedures can provide clarity on your options for seeking a new trial or other relief.