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TRBR. Todd Bennett, P.C.

Board Certified, Criminal Law Texas Board of Legal Specialization

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Adequate representation and the right to a fair trial

The Sixth Amendment guarantees individuals in Texas and elsewhere across the country the right to a fair trial. Courts display a strong presumption that a defendant's lawyer is acting within the range of reasonable professional assistance at any given time. In some situations, however, a client might have been so poorly represented that a court could ultimately be justified in overturning a guilty verdict that was handed down in a previous trial.

A defendant's right to a fair trial has been violated when counsel for the defense is grossly incompetent. In order to have a resultant guilty verdict overturned, a defendant must prove that the attorney's job performance was deficient and that the defense was unfairly prejudiced by that performance. The defendant must prove both of these claims in order to prevail in court.

If the defendant proves both claims, the court can determine that the seriousness of a lawyer's errors has prevented counsel from functioning as guaranteed the defendant by the Sixth Amendment and that said errors have wholly deprived the defendant of a fair trial. Although no defendant is guaranteed the right to perfect representation, indigent defendants as well as defendants who can afford to hire their own lawyers are both afforded the right to adequate representation under the Constitution of the United States.

Because the penalties that may be associated with a conviction might be severe, Texas residents who find themselves facing a criminal charge may find it beneficial to seek counsel who is well versed in the complexities of the criminal justice system. Examination of a defense attorney's credentials could confirm that attorney's amount of relevant experience.

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R. Todd Bennett, P.C.
1545 Heights Blvd. Suite 600
Houston, TX 77008

Phone: 713-752-2728 | Fax: 713-650-1602
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