WHAT CAN YOU DO IF YOUR LAWYER FAILED TO REPRESENT YOU PROPERLY AND YOU WERE CONVICTED OF A CRIME?
When facing criminal charges, your right to effective legal representation isn’t just a formality—it’s a constitutional guarantee. But what happens when your attorney’s performance falls so far below acceptable standards that it costs you years of your life? A recent California court decision shows just how serious the consequences of ineffective assistance of counsel can be, particularly during the critical sentencing phase of a criminal case.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
What is Ineffective Assistance of Counsel?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to effective assistance of counsel. This doesn’t just mean having an attorney present—it means having an attorney who performs competently and advocates on your behalf.
Real World Example: People v. Guevara
In 2011, the defendant was convicted of assaulting and threatening a witness involved in a murder investigation. He received a sentence of 32 years to life, which included various enhancements for prior prison terms and great bodily injury.
In 2022, California enacted Penal Code section 1172.75, which invalidated certain prior prison term enhancements. The Department of Corrections identified the defendant as eligible for resentencing under this new law, giving him a chance at a significantly reduced sentence.
The trial court appointed an attorney to represent the defendant at his resentencing hearing. Defense counsel repeatedly sought continuances, claiming he needed time to prepare a sentencing memorandum. Month after month passed, with counsel asking for more time. Despite a year and a half of continuances, defense counsel never filed the promised sentencing memorandum. When the resentencing hearing finally occurred in 2024, counsel offered only brief oral remarks. He mentioned the defendant’s clean prison record, rehabilitation efforts, and intellectual disability—but provided no factual support, no citations to legal authority, and no strategic argumentation.
Despite being eligible for resentencing relief, the trial court declined to strike any of the defendant’s prior strikes or enhancements. The court reimposed a sentence of 28 years to life. The defendant appealed, arguing his attorney provided ineffective assistance of counsel. The appellate court agreed and reversed the sentence, ordering a new resentencing hearing.
The court found that defense counsel’s performance clearly fell below professional standards. Attorneys have a duty to act diligently, investigate available sentencing alternatives, and make informed tactical decisions. Here, counsel did none of these things.
Protecting Your Rights
At our firm, we understand that effective representation isn’t optional—it’s a constitutional requirement. We approach every case, including sentencing hearings, with the diligence and preparation our clients deserve. This means thorough investigation and compelling advocacy both in writing and in court.
If you’re facing criminal charges or believe you received ineffective assistance of counsel in a prior case, contact our office for a consultation. We’ll review your situation and help you understand your options for protecting your rights and your freedom.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
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