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The Costly Consequences of Ineffective Representation

The Linder Firm   Sept. 28, 2022

A criminal charge in Texas—from DUI to murder—can have serious consequences. Nearly aspect of your life, from your employment status and your financial stability to your personal relationships and reputation, can be negatively impacted by a criminal accusation. When your future is on the line like this, it’s natural to feel overwhelmed. 

If you’re facing a criminal accusation or charge—or any complicated legal issue at all—it’s to your advantage to contact a skilled attorney. It might be tempting to settle for just anyone, but that would be a mistake. There are costly consequences of ineffective representation at every stage of the legal process. 

Make your first call to The Linder Firm in the Dallas area. Criminal defense attorney Phillip Linder is dedicated to protecting your rights and fighting aggressively to safeguard your future, no matter what brings you to his office. There is no substitute for personalized representation and strong advocacy. The Linder Firm serves clients not only in the Dallas Metro Area but throughout North Texas. Set up a consultation to get started. 

Study of Ineffective Representation 

Westlaw, a prestigious legal reference and research organization relied upon by attorneys nationwide, conducted a study of trials involving DNA evidence in which the defendants were represented by lawyers who were ineffective. 

The study focused on 255 cases in which convictions were based on DNA. Of these cases, 54 defendants filed appeals, claiming ineffective representation. In seven cases, the courts agreed that the representation had been inadequate, and they reversed the convictions or ordered new trials. 

The study found that these appeals involved claims of: 

  • Failure to present defense witnesses 

  • Failure to object to the prosecutors’ arguments or statements 

  • Failure to object to evidence or to suppress evidence 

  • Failure to interview/cross-examine witnesses 

Exactly half of the appeals—27—were based on multiple public defender failures. 

Public Defender vs. Private Attorney 

With huge caseloads on their hands, public defenders assigned to your case—no matter how dedicated and skilled—may run up against problems. Often, public defenders have to skip pre-trial hearings because of conflicting trial and pre-trial schedules. By the time your case makes it to trial, a public defender may opt for the first plea bargain deal because of the many cases on their plate at the time. 

In contrast, a private attorney will have the time to meet with prosecutors before hearings and the trial are even scheduled. They can explain your side of the story to the prosecutors and potentially secure a lesser charge, or even a dismissal. A private attorney will also have the time to go through the complete discovery process to know in advance how to challenge the evidence and any witness testimony scheduled by the prosecution. 

Ultimately, the consequences of ineffective advocacy are too serious to leave to chance. A local criminal defense attorney experienced in cases like yours can walk you through the legal process and make sure nothing slips through the cracks.  

Qualities of an Effective Defense Attorney 

A key quality of effective advocacy is working with an attorney who has the time and resources to devote to your defense. As part of this, your attorney should be able to communicate with you on a personal basis using terms and explanations that you can understand, not leaving you to struggle with complicated technical language. Your attorney should also keep you in the loop at all times, running every tactic and strategy by you so you’re not surprised or left in the dark. 

Most importantly, your attorney must be experienced in criminal defense, not a generalist or someone with another specialty. A friend, aunt, or grandparent might recommend an attorney they’ve used, but that attorney may specialize in something besides crime—perhaps estate planning, personal injury lawsuits, or divorce cases. You need to choose an attorney who’s been to battle for others in a court of criminal law. 

Don’t Risk Your Future. Reach Out Now. 

If you consider the consequences of ineffective legal representation—fines, imprisonment, probation, a criminal record that will haunt you throughout your life—you may want to reconsider the option of relying on a public defender. You should seek the best criminal defense representation possible. 

Attorney Phillip Linder has more than three decades of legal experience, with thousands of cases behind him. He grew up in a family whose father was a federal agent for the Treasury Department, and he was inspired by the professionalism of the attorneys he encountered as a youth. He is now Board Certified in Texas Criminal Law, and will stand by you throughout the entire process, protecting your rights and fighting for your freedom. 

If you’re currently under investigation or being charged with a crime in or around Dallas, or anywhere in North Texas, contact The Linder Firm immediately. Don’t leave your life and livelihood to chance.