Juvenile Defendant In California Granted New Trial Where His Lawyer Provided Ineffective Assistance Of Counsel

A 17-year-old California juvenile who was convicted of  lewd conduct and child molestation charges was granted a new trial after shocking revelations by his public defender who acknowledged that he was woefully unprepared and unable to properly defend the case.

The juvenile, M, filed a motion for a new trial filed by his new lawyer where his trial lawyer signed a declaration acknowledging that: (1) He needed more time to investigate but had erroneously believed he could only get a on-week continuance; (2) His “excessive caseload” made it impossible to “thoroughly review and litigate each and every case,” including M’s case; (3)he was required to do his own investigation which was “all but impossible” given that excessive caseload; (4) he considered requesting an evaluation of M’s mental condition but was told his office would not pay for it; (5)he did not order a polygraph since he believed the court would not pay for it and his office would not pay for it; and (6) if he did attempt funding for the above evaluations “my job would be jeopardized.”  The court held that the public defender provided ineffective assistance of counsel when he failed to investigate potentially exculpatory evidence, request  longer continuance, and failed to withdraw j=knowing he was unable to devote the time and resources necessary to properly defend M.

This case illustrates just how important it is to consult with a knowledgeable Los Angeles juvenile defense attorney anytime your child is facing criminal charges.  Public Defenders are typically very good lawyers and good people but often times they are grossly overworked and unable to devote the time necessary to properly protect your child’ rights.  If you or your child are facing criminal charges don’t hesitate to contact the aggressive law firm of Wallin & Klarich.  We’ll be there when you call.

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