Ineffective assistance of counsel occurs when someone has a lawyer who lacks the time, experience, or professional responsibility to provide them adequate representation. When this occurs, it violates a defendant’s Sixth Amendment right to counsel and Fifth Amendment right to due process.
Some examples can include failure to investigate applicable defenses, failure to investigate prosecution witnesses, and failure to hire experts to challenge the prosecution’s physical evidence.
IAC often leads to wrongful convictions because a jury is more likely to believe the prosecution’s evidence when it is not properly combatted.
Relevant Case: Robert “Dave” Wilkes