Why Choosing the Right Criminal Defense Attorney Matters in Court

The Constitution guarantees all criminal defendants the right to legal counsel, but not all lawyers are created equal. Without assistance from a skilled attorney, you could go to jail without the chance to fully defend yourself in court, which should not happen to anyone.

A recent case in Wisconsin illustrates the potential dangers of hiring a subpar defense attorney. Here’s what you should know—and how you can avoid finding yourself in similar circumstances.

State v. Molde: A Case Study in Ineffective Legal Counsel

In the case of State v. Molde, a jury found Jobert Molde guilty of first-degree sexual assault of a child in Wisconsin after his young daughter alleged he had raped her. Molde later appealed, arguing his trial attorney provided ineffective legal counsel. Specifically, Molde argued that his attorney failed to object to damaging testimony from an expert witness who stated that only 1 percent of child sexual abuse reports are false. This statistic was highly prejudicial because it implied that the victim’s testimony was almost certainly truthful, potentially swaying the jury.

After a circuit court dismissed his initial appeal, Molde filed another appeal. This time, the Wisconsin Court of Appeals agreed with Molde’s argument, ruling that the defense attorney’s failure to challenge this testimony constituted ineffective legal counsel. The court emphasized that it is not the role of expert witnesses to provide statistical data that could unduly influence the jury’s assessment of a victim’s credibility. By allowing the expert’s statement to go unchallenged, Molde’s attorney undermined the fairness of the trial.

The appellate court found that this error by Molde’s defense lawyer likely impacted the case’s outcome. As a result, the court granted Molde a new trial.

Warning Signs of Ineffective Legal Counsel

The appeals court’s decision in the Molde case serves as a reminder that having a skilled attorney—or not having one, as the case may be—can significantly affect a trial’s outcome. But how do you know when your defense attorney isn’t doing their job effectively if you’re not a lawyer? Here are some things to watch out for:

• Poor Communication: Lawyers who rarely respond to calls or emails, or fail to keep you informed about case developments, may not be giving your case proper attention.
• Missed Deadlines: Failing to file important documents on time or missing court dates can seriously harm your case and indicate negligence.
• Pressuring You to Plead Guilty: A lawyer who pushes you to take a plea deal without considering other options might not be fighting hard enough for you.
• Lack of Thorough Investigation: An effective lawyer should conduct a thorough investigation of your case, including gathering evidence and interviewing potential witnesses. Failure to do so could indicate negligence.
• Unfamiliar with Your Case Details: If your attorney doesn’t know the facts of your case, it’s a red flag that they’re not fully engaged.
• Lack of Attention to Detail: Frequent errors in documents, misunderstanding of facts, or overlooking important details can indicate carelessness.
• No Clear Strategy: If your lawyer can’t explain their defense strategy or keeps changing their approach, they may be unprepared.
• Ethical Concerns: Any behavior that seems unethical, such as suggesting you lie or withhold information, is a major red flag.

Trust Cohen Law Offices to Vigorously Defend Your Rights and Interests

Since 1991, the Eau Claire criminal defense attorneys at Cohen Law Offices have consistently shown that we are capable and aggressive advocates for defendants like you. No matter what charges you face or how dour your situation seems, our attorneys can provide the comprehensive legal support you need. Call (715) 814-8058 today or complete our contact form for confidential consultation.