March 8, 2012 By Wallin & Klarich

When a criminal defense lawyer accepts the responsibility of defending a person in court, he or she has a duty to investigate and present mitigating evidence that would assist in the defense. An investigation into the facts of the conduct is just part of the process. The lawyer should also investigate the accused background and character which could lead into areas of emotional or mental disabilities, which could result in a person being less culpable.

To establish that a lawyer has provided representation which is considered to be ineffective assistance, the defendant must demonstrate both a deficient performance and prejudice. This means the level of representation fell below a level an objective standard of reasonableness.

If you are accused of a capital crime then your lawyer should conduct an investigation into your social history and background. Moreover, there should be an inquiry into the mental health of a defendant as well. Lastly, proper representation would include an investigation into the history of the defendant’s substance abuse, if any.

If a proper investigation is not done, then you may appeal your case and potentially have your sentenced reduced based on the mitigating factors.

If you or a loved one have been accused or charged or convicted of a capital crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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