|
Answer: There is generally no constitutional right to representation by counsel in a habeas corpus proceeding, but the court is empowered, within its discretion, to appoint counsel to assist a petitioner in preparing his petition. This is because a habeas corpus proceeding is civil in nature, and Sixth Amendment right to counsel afforded for criminal proceedings does not apply.
However, appointment only happens when the interests of justice require it (if there's going to be a court hearing, for example) or when there is an unusual legal question at play. So, your husband can apply to be appointed counsel, or, if you get someone to look at his case and they find a novel legal issue or something they think would justify appointment of counsel then they can apply to be paid by the court to represent him. The factors generally considered are "the legal complexity of the case, the factual complexity of the case, and the petitioner's ability to investigate and present his claims, along with any other relevant factors." (29 F.3d 469). If your husband was not advised of the immigration consequences of his plea, then he may have a good issue, but not a very novel one, unfortunately. My advice is to consult with an attorney although of course I understand that can be expensive. Best of luck!
22 Comments
A family member of mine was convicted of methamphetamine distribution in court the lawyer made a " deal" with him and told him he would make sure the family member would only get 168 months so the family member blind took the offer and refused the 15-year plea agreement. The defendant argues he rejected it on the basis of his counsel's bad advice. Is there anything you can help me with here? A: Ineffective assistance in a situation like that is a complex legal matter and will require consultation with an attorney who may be able to challenge the plea through a habeas petition. You should contact a federal attorney to look into your options. Unfortunately this is one of those very complex questions that just can't be answered in an easy way!
|
AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to [email protected]. Archives
July 2013
Categories
All
|
RSS Feed