Hiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road
Bahman Khodayari was convicted of misdemeanor grand theft and misdemeanor insurance fraud. As a result of his conviction, Mr. Khodayari was placed on 36 months of probation, ordered to serve a year in county jail, and ordered to pay $25,057 in restitution. The court appointed an attorney, Charles Mashburn, to represent Mr.
Khodayari in assisting him with complying with his terms of probation. In later proceedings, Mr. Khodayari was found to have been in violation of his probation.
Mr. Khodayari alleged that it was Mr. Mashburn’s deficient representation that caused him to be found in violation.
The Court of Appeal rejected Mr. Khodayari’s arguments that Mr. Mashburn’s representation had resulted in the violations. The Court of Appeal argued that a former criminal defendant who sues his attorney for legal malpractice, must show actual innocence of the underlying criminal charges and must obtain postconviction relief in the form of a final disposition of the underlying charges in the criminal case. Although this was a probation violation proceeding, the requirement of actual innocence still applied to Mr. Khodayari’s claims of malpractice. Therefore, Mr. Khodayari had to show actual innocence of his probation violations and postviolation exoneration.
This is important because most individuals who are charged with a crime are usually overwhelmed with choosing the right attorney. As you can see, it is very important to choose the best attorney to represent you and avoid any possible problems. Often times, bad attorneys can produce unwanted results and cause the client to suffer additional punishments and/or fines. As such, it is to your benefit to hire a firm with significant criminal defense experience.
If you are charged with a crime, it is imperative that you hire an experienced criminal defense law firm to represent you in court. For over 40 years, our attorneys have been helping clients in all sorts of criminal matters. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.
