Can you get a retrial if you have a bad lawyer?

Asked by: Bianka Ankunding  |  Last update: February 12, 2026
Score: 4.4/5 (17 votes)

Yes, you can get a retrial if your lawyer provided "ineffective assistance of counsel," meaning their performance fell below professional standards and likely changed the outcome of your case, requiring specific proof of errors like unpreparedness, failing to challenge evidence, or gross negligence, usually through an appeal process. It's not enough to just say your lawyer was "bad"; you must prove they made significant mistakes that prevented a fair trial, often leading to appeals or post-conviction relief.

Can you get a retrial if your lawyer is bad?

Yes. In fact, in some cases, a client who is convicted, can appeal for a new trial because of the incompetence of their attorney. If the attorney did not pursue obvious exculpatory evidence, the appeals court could grant a new trial or possibly vacate the conviction. Edit:

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

What stops a case from going to trial?

Dismissal at a pretrial hearing may occur for reasons including lack of probable cause for arrest; inadequate or unreliable evidence/witnesses; unlawful stops/searches. All these factors could play a part in leading up to its dismissal altogether.

What is the most popular reason that cases get dismissed?

The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial. 

Plea Bargain Mistakes: When NOT to Plea Bargain. Don't get yourself convicted!

37 related questions found

Who pays court costs if a case is dismissed?

Generally when a case is dismissed cost to Defendant it is pursuant to some agreement between the Defendant and the prosecutor and the Defendant would sign off agreeing to the court costs. If the prosecution unilaterally dismissed, the costs should be assessed to the State.

What are 5 fair reasons for dismissal?

The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs. 

How to tell if a prosecutor's case is weak?

In that case, it's crucial to consult with a skilled criminal defense lawyer in California to evaluate your options and determine the best course of action.

  1. Lack of Evidence. ...
  2. Conflicting Evidence. ...
  3. Inadmissible Evidence. ...
  4. Excludable Evidence. ...
  5. Unreliable Witnesses. ...
  6. Lack of Motive or Opportunity. ...
  7. Errors in the Criminal Complaint.

Can a dismissed case be reopened?

As the Supreme Court noted, California case law interpreting California law, held that prejudice was not required to reopen a previously dismissed case.

Is it better to plead or go to trial?

Certainty. You can never know what will happen if you take your case to a jury trial—even if you have a strong defense or know you are innocent. If you agree to plead guilty, you will have a certain outcome and have a good sense of how the judge would sentence you.

Which lawyer wins most cases?

There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins". 

What happens to 90% of court cases?

According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."

What is the stupidest court case?

We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.

How hard is it to get a retrial?

While a motion for a new trial is hard to win, it can be successful if the defendant presents evidence of significant errors during the trial or new exculpatory evidence. Often, the standard for prevailing on these motions is showing that the defendant's right to a fair trial was violated.

How to expose a bad lawyer?

Filing an attorney complaint

You may also call the State Bar's multilingual Contact Center at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.

Can I ask for a retrial?

A party's post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials.

How long does a dismissed case stay on your record?

A dismissed case generally stays on your public record permanently unless you take legal action (expungement or sealing) to remove or hide it, as a dismissal doesn't automatically erase the arrest record. The time and process to get it sealed or expunged vary by state and offense, often requiring a waiting period (e.g., 1-7 years after case conclusion) and a court petition, but it's crucial for removing barriers to employment or housing.
 

What evidence is needed to reopen a case?

A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen.

On what two grounds can a case be appealed?

A case can generally be appealed on grounds of legal error, where the judge applied the wrong law, or improper factual findings, meaning the judge or jury reached a conclusion unreasonable based on the evidence, with other common reasons including prosecutorial misconduct, ineffective counsel, or due process violations, all requiring the error to have affected the outcome. 

What are the hardest cases to win?

Three of The Most Difficult Charges to Defend

  • Crimes Against Minors. It can be challenging to defend clients who have been accused of crimes against minors. ...
  • Murder, First Degree. The most severe criminal charge that anybody may face is first-degree murder. ...
  • White Collar Crimes.

What two conditions must be met to show that counsel was ineffective?

The two-pronged test for ineffective assistance of counsel, established in Strickland v. Washington, requires a defendant to prove two things: first, that their attorney's performance was deficient (fell below an objective standard of reasonableness), and second, that this deficient performance prejudiced the defense, meaning there's a reasonable probability the outcome would have been different without the errors, to overturn a conviction or sentence. 

What is the most common complaint brought against lawyers?

The most common complaints against lawyers center on neglect, lack of communication (unreturned calls/emails, no updates), and fee issues (excessive, unclear, or improper billing), often stemming from poor client management and unmet expectations. Clients frequently feel uninformed, ignored, or surprised by costs, leading to formal grievances about missed deadlines, lack of transparency, or attorneys failing to act in the client's best interest, says Lalegalethics.org and ABA Journal. 

What can you be instantly dismissed for?

Summary dismissal

This is when you dismiss someone instantly without notice or pay in lieu of notice, usually because of gross misconduct (for example theft, fraud, violence).

What is considered unjust dismissal?

An unjust dismissal is when an employer ends the employment of an employee for reasons that are unfair or wrong. The process described below only applies to employees and employers in federally regulated businesses. For a list of federally regulated industries, click here.

What are 5 examples of serious misconduct?

Here are 7 examples classed as workplace misconduct

  • Theft. This may sound obvious, but theft isn't limited to financial fraud like embezzlement or money laundering. ...
  • Sexual harassment. ...
  • Abuse of power. ...
  • Falsifying documentation. ...
  • Health and safety breaches. ...
  • Damage to goods or property. ...
  • Drug and/or alcohol use.