March 31, 2009 By Wallin & Klarich

Juvenile Defendant Wins New Trial in Child Molest Case Based Upon Ineffective Assistance of Counsel for Failure to Properly Investigate the Facts of Case

Recently the court of appeals has reversed the conviction of a juvenile who was accused of attempted child molestation after the juvenile was found guilty by a judge of committing the alleged offense. The court of appeals found that the juvenile had received deficient legal representation by the public defenders office for his juvenile crime.

The juvenile had requested the public defender to investigate his claimed defense to the charge. The public defender believing that the judge would not provide funding to hire an investigator failed to ask for a continuance of the trial and failed to request the judge to appoint experts that would be necessary to adequately defend his client.

The court of appeals made clear what the law is in the State of California by declaring that a criminal defense attorney has “an obligation to investigate all possible defenses and should not select a defense strategy without first carrying out an adequate investigation.”

At Wallin and Klarich we receive many calls from clients who are unhappy with the quality of the services they are being provided by their current lawyer. We often find that the lawyer that is representing the accused has not taken the time to properly investigate the defenses available to the client.

In many cases the criminal defense attorney fails to advise the client of the need to retain an investigator to uncover the “true facts” of the case.

When you are facing criminal charges where you could end up in jail, at very minimum you need a top California criminal defense firm on your side that will review the police reports and then assist you in obtaining the help of an investigator, when appropriate, to help you win your case. Feel free to contact Wallin and Klarich 24/7 by going to wklaw.com or contacting us toll free at 888.280.6839.
We will be there when you call.

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