By R. Wayne Richter, Esq., Special to THELAW.TV
A Connecticut judge last week ordered a new trial for Michael Skakel, the nephew of Robert and Ethel Kennedy. Skakel was convicted in 2002 of the murder of his 15-year-old neighbor, Martha Moxley. The reason? The judge, in his written opinion, stated that Michael Skakel had a "constitutionally deficient" defense. In other words, the judge found Skakel's trial lawyer to be inadequate.
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The Sixth Amendment to the U.S. Constitution guarantees the right to the assistance of a lawyer in all criminal prosecutions. The U.S. Supreme Court has interpreted that amendment to include the right to an effective lawyer. Skakel's current lawyers argued that his trial lawyer, Mickey Sherman, was inadequate, among other reasons, by failing to explore an alibi defense, failing to effectively cross examine witnesses against Skakel, and by presenting an ineffective closing argument devoid of the term reasonable doubt, the degree of proof required in criminal cases.
The cost of an ineffective lawyer is not simply measured in attorney's fees, although an article in The New York Times reports that Sherman billed Skakel more than $1.2 million in attorney's fees. Perhaps, more costly to Skakel was the more than 10 years he spent in prison for a conviction that may have been the result of his inadequate defense. That is a decade apart from friends and family and the associated life events of birthdays, graduations, and the like. It is the loss of your name and reputation. It is the loss of your freedom.
Hiring a criminal defense lawyer
One of the most important decisions when facing criminal charges is deciding which lawyer to hire. Just like any other profession, not all lawyers are created equal. The hiring of a criminal defense lawyer, believe it or not, is an investment in your future and should be treated the same way you would approach any other investment.
Do your homework and ask these questions:
You can't avoid the high cost of an inadequate defense without discussing the cost of a good defense. Lawyers' fees are not uniform. Lawyers' fees in the area of criminal defense are often set by the years of experience a lawyer has, the complexity of your case, your prior criminal history, the amount of hours a lawyer anticipates working on your case, as well as other factors. But the Latin phrase caveat emptor, or buyer beware, comes to mind when hiring a criminal defense attorney. I know price is an important factor, but remember, hiring a criminal defense attorney is an investment in your freedom and future. Do not simply hire the least expensive attorney under the mistaken impression that all lawyers are the same. Ask whether the lawyer's fees are in writing. Avoid hiring a lawyer based on an oral agreement. A lawyer's fee might seem high, but the cost of an inadequate defense is much higher.
Signs you might have an inadequate or ineffective attorney:
Lastly, trust your gut. More often than not, you can sense whether your lawyer is doing a good job. You should feel comfortable with your attorney. If feel your lawyer might be inadequate, get a second opinion. Consult with another lawyer before the cost of your defense becomes too high of a price to pay.
The author, R. Wayne Richter, is an attorney in West Palm Beach, Fla., with more than a decade of experience exclusively in the area of criminal defense.