Ineffective Assistance Of Counsel Case Study

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United States Attorney’s office prosecutor working in a sex crimes unit, was assigned to a major human trafficking sting operation. The sting investigation uncovered over 30 suspects. Five defendants are charged with running a transition house where women and children are alleged of being brainwashed, forced to prostitution and involved in the sex trade. Charges filed against the house owners, which included three men and two women. The prosecutor worked closely with the women and secured agreement for them to testify against the men in exchange for immunity from all criminal prosecution. The men defendants are facing over 80 years, and was advised to accept a plea deal where the felony charges went from 42 to 3 counts and the serving time…show more content…
On appeal, how should the court rule on Dan’s motion for ineffective assistance of counsel and why? Ineffective assistance of counsel is a claim conjured by a criminal defendant that their attorney representation was ineffective and that it deprived them of their constitutional right, which guarantee the right to assistance of counsel clause of the Six Amendments to the United States Constitution. Having the benefit of counsel or assistance of counsel means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. In order to prevail on a claim that ineffective assistance was received a defendant must show deficient performance by counsel and a resulting prejudice, in that, but for the performance, the result of the proceeding would have differed. Because Dan’s attorney felt that the case was fruitless, he focused on his negotiations with the US Attorney and was able to get a lesser plea offer but Dan refused that plea and insisted to go to trial. Dan’s attorney does an exceptional job refuting the prosecutor’s evidence and cross-examining the prosecution’s star witnesses. Dan was advised not to testify, but he went against counsel advisement. To no surprise Dan fails at winning over the jury and lost the plea deal and was sentenced to the original counts and prison time. I see that the attorney Johnny was exceptional in getting an 80 year sentence down to 4 years, he did his job as too, giving his client Dan his advice on what he should and should not do, to the regards of taking the plea, testifying on his own behalf. Dan’s attorney went as far as to doing an outstanding job at refuting the prosecutor’s evidence against Dan and cross-examining the star witnesses. There are no grounds for a motion for ineffective assistance of counsel because the defendant was given the information and took a gamble at his own life
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