Filing Motion Ineffective Counsel

Summary

Filing a motion for ineffective counsel in Kentucky involves drafting a detailed motion, providing evidence of counsels ineffectiveness, and submitting it to the court where you were convicted. Key steps include documenting your attorneys absence and its impact on your case. The Strickland v. Washington precedent requires showing both deficiency and prejudice in counsels performance. Consider gathering court records and witness statements to support your claim.

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I was wondering how i could go about filing a motion for ineffective counsel for charges i plead guilty to, to get those charges overturned, maybe a new court date. If that would be a possibility?
Hello ****,
To file a motion for ineffective counsel in Kentucky, you generally need to follow these steps:
*. **File a Motion**: Draft a motion claiming ineffective assistance of counsel.
*. **Detailed Explanation**: Provide specific examples of how your counsel was ineffective.
*. **Submit to Court**: Submit the motion to the court where you were convicted.
Could you specify which court handled your case? This will help in providing more precise details.
Boyd district court
Thank you for providing the details, ****. Here's how you can proceed with filing a motion for ineffective counsel at Boyd District Court:
*. **Draft the Motion**: Clearly state your claim of ineffective assistance of counsel, providing detailed examples.
*. **Submit the Motion**: File the motion with Boyd District Court.

Boyd District Court


Phone: (*) *-*
Address: * Louisa St, Catlettsburg, KY *
Website: [Boyd District Court](http://courts.ky.gov)

Would you need more information on how to draft the motion?
Would it even be worth it to do so?
Hi ****,
Your question is quite important. Whether it's worth pursuing a motion for ineffective counsel depends on several factors, including the strength of your evidence and the potential impact on your case.
- **Evidence**: Do you have strong evidence showing your counsel's ineffectiveness?
- **Outcome**: What outcome are you hoping to achieve?
Would you like guidance on assessing the strength of your evidence?
My court appointed attorney didnt come to court after id been in jail for 12 days on a fta, i was then told that i could wait for another court date while remaining in jail, or i could plead guilty.
Hello ****,
Your situation sounds challenging. Not having your court-appointed attorney present and being pressured to plead guilty could be grounds for claiming ineffective counsel. Here are some points to consider:
- **Documentation**: Gather any documents or records showing your attorney was absent.
- **Witnesses**: Identify any witnesses who can confirm your attorney's absence.
- **Impact**: Explain how this affected your decision to plead guilty.
Would you like more detailed guidance on drafting your motion?
How would i go about doing so?
Hello ****,
To draft your motion for ineffective counsel, follow these steps:
*. **Opening Statement**: Clearly state that you are filing a motion for ineffective assistance of counsel.
*. **Detailed Examples**: Describe the specific instances of your attorney's absence and how it impacted your case.
*. **Supporting Evidence**: Attach any documents or witness statements that support your claim.
*. **Legal Basis**: Reference relevant legal standards or precedents that support your argument for ineffective counsel.
*. **Conclusion**: Request the court to overturn your guilty plea and grant a new court date.
Would you like a template to help you get started?
That would be very helpg
Hello ****,
I'm glad to help. Here’s a basic template to get you started on drafting your motion for ineffective counsel:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, [Your Name], hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached are statements from individuals who can confirm
The docket for that day should show her absence,correct?
Hi ****,
Yes, the docket for that day should list who was present in court, which can serve as evidence of your attorney's absence. Obtaining a copy of the docket could strengthen your motion for ineffective assistance of counsel.
Would you like more guidance on how to obtain the docket?
Yes
Hello ****,
To obtain the docket for that day, you can follow these steps:
*. **Contact the Court Clerk**: Reach out to the Clerk of Boyd District Court. They maintain the court records and can provide you with the docket.
*. **Request the Docket**: Ask specifically for the docket from the date of your court appearance.
*. **Provide Details**: Be ready to provide your case number and the date of the court session.
~Boyd District Court Clerk
Phone: (*) *-*
Address: * Louisa St, Catlettsburg, KY *
Would you like assistance with anything else?
Yes, could you suggest a case text on a precedence
Hello ****,
Certainly! A key precedent for ineffective assistance of counsel is **Strickland v. Washington, * U.S. * (*)**. Here are the main points:
- **Two-Pronged Test**: The defendant must show (*) counsel's performance was deficient and (*) the deficient performance prejudiced the defense.
- **Deficiency**: The performance fell below an objective standard of reasonableness.
- **Prejudice**: A reasonable probability that, but for counsel's unprofessional errors, the result would have been different.
Would you need more information on how to apply this precedent to your motion?
Yes please
Hello ****,
Applying the **Strickland v. Washington** precedent to your motion involves demonstrating both deficiency and prejudice:
*. **Deficiency**:
- **Example**: State that your attorney's absence at a critical hearing fell below an objective standard of reasonableness.
*. **Prejudice**:
- **Example**: Argue that had your attorney been present, you might not have felt compelled to plead guilty and could have had a more favorable outcome.
Would you like more specific language to include in your motion?
Yes
Hello ****,
Here's some specific language you can use to apply the **Strickland v. Washington** precedent in your motion:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, [Your Name], hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached are statements from individuals who can
Could you help me format this?
Certainly, ****. Here’s your formatted conversation:
---
**Question**: I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name?
**Answer**: **** ****
**Question**: Hello **** ****,
Thank you for sharing your name. Could you please provide some details about the legal issue you're facing in Kentucky?
**Answer**: I was wondering how I could go about filing a motion for ineffective counsel for charges I plead guilty to, to get those charges overturned, maybe a new court date. If that would be a possibility?
**Question**: Hello ****,
To file a motion for ineffective counsel in Kentucky, you generally need to follow these steps:
*. **File a Motion**: Draft a motion claiming ineffective assistance of counsel.
*. **Detailed Explanation**: Provide specific examples of how your counsel was ineffective.
*. **Submit to Court**: Submit the motion to the court where you were convicted.
Could you specify which court handled your case?
**Answer**: Boyd District Court
**Question**: Thank you for providing the details, ****. Here's how you can proceed with filing a motion for ineffective
**** ****
Hello ****,
Here's a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached
* Central Ave
Hello ****,
Here's a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached
Ashland Ky *
Hello ****,
Here's a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**Ashland, KY ***
**[Phone Number]**
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached are statements
*
Hello ****,
Here's a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**Ashland, KY ***
***-*-***
**[Email Address]**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements**: Attached
****scarbrough52@gmail.com
Hello ****,
Here's a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**Ashland, KY ***
***-*-***
**rechelscarbrough52@gmail.com**
**[Date]**
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
- **Witness Statements
October *, *
Hello ****,
Here’s a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**Ashland, KY ***
***-*-***
**rechelscarbrough52@gmail.com**
**October *, ***
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing my attorney’s absence.
Ty youre very helpful
Hello ****,
I'm glad to help. Here’s a properly formatted version of your motion for ineffective assistance of counsel, incorporating the **Strickland v. Washington** precedent:
---
****** ******
*** Central Ave**
**Ashland, KY ***
***-*-***
**rechelscarbrough52@gmail.com**
**October *, ***
**Boyd District Court**
*** Louisa St**
**Catlettsburg, KY ***
**Re: Motion for Ineffective Assistance of Counsel**
**To the Honorable Judge of Boyd District Court:**
*. **Opening Statement**:
I, **** ****, hereby file this motion for ineffective assistance of counsel in the case [Your Case Number].
*. **Detailed Examples**:
My court-appointed attorney failed to appear at my court date after I had been in jail for 12 days on a failure to appear (FTA). I was then compelled to plead guilty without proper legal representation. This absence significantly impacted my case and my ability to make an informed decision.
*. **Supporting Evidence**:
- **Documentation**: Attached are records showing