Executive Summary: If your probation was revoked in Alabama and you believe your lawyer failed to defend you properly, you may have a case under Strickland v. Washington. This Supreme Court case set the standard for ineffective assistance of counsel. To succeed, you must prove that your lawyer’s mistakes were serious and materially affected the outcome of your hearing. Probation revocations are standard and avoidable if your rights are protected
Probation is often seen as a second chance, a way to stay out of jail and move forward. But in Alabama, a single mistake or misunderstanding can put that second chance at risk. If you’ve been accused of violating probation, one of the first questions you may ask is: Did my lawyer do everything they were supposed to do?
That’s where Strickland v. Washington comes in.
This U.S. Supreme Court case established the standard for claiming ineffective assistance of counsel, and it remains relevant in criminal cases, including those involving probation violations.
If your probation was revoked and you believe your lawyer failed you, understanding this case could be key to getting your rights back.
What Was Strickland v. Washington?
Strickland v. Washington was a 1984 Supreme Court case that established the standard for determining when a criminal defendant can claim that their lawyer’s ineffectiveness violated their constitutional rights.
In short, the court ruled that criminal defendants have the right to competent legal representation and that if a lawyer’s performance is so poor it affects the outcome of the case, the conviction (or sentence) may be overturned.
This applies to all stages of a criminal case, including sentencing, and in many cases, probation revocation hearings.
The Two-Part Test for Ineffective Counsel
The Strickland standard involves two parts:
- Performance – Was your lawyer’s performance so poor that it fell below a reasonable standard? This doesn’t mean they had to be perfect, but they had to do their job. That includes investigating facts, filing motions, raising defenses, and preparing for hearings.
- Prejudice – Did your lawyer’s mistakes actually change the outcome of the case? In other words, would things likely have gone differently if you’d had proper legal help?
Both parts must be proven. If your lawyer made a mistake, but it didn’t affect the result, the court won’t reverse the decision.
How This Applies to Probation Violations in Alabama
Probation violations are serious. If a judge decides you violated the terms of your probation, whether for a failed drug test, missing appointments, or a new arrest, you can be sent back to jail or prison to serve the rest of your sentence.
The rules at a revocation hearing are different from those at a trial. The burden of proof is lower. You don’t have the right to a jury. But you do have the right to a hearing, and to an attorney.
If your lawyer didn’t call witnesses, didn’t question weak evidence, or didn’t raise defenses that could have helped, and you lost your probation as a result, you may have a claim under Strickland.
Common Mistakes That May Support a Claim
Not every mistake counts. But in Alabama, courts have reviewed probation revocations where legal representation failed in serious ways, such as:
- Not informing the client of their right to a hearing
- Failing to prepare any defense at the hearing
- Not objecting to unreliable drug test results
- Failing to investigate whether the probationer actually missed a required check-in
- Not appealing a revocation when valid grounds existed
Again, the key is whether these mistakes changed the outcome. If the judge still had revoked probation even with better representation, your claim likely wouldn’t succeed.
How to Bring a Claim Under Strickland
To file an ineffective counsel claim, you’ll usually need to file a Rule 32 petition under Alabama’s post-conviction procedures. You must clearly show:
- What your lawyer did wrong
- How that failure affected the outcome
- What should have been done differently
Deadlines apply, and you’ll need records from your original case and revocation hearing.
At John M. Totten, P.C., we review probation revocation cases to determine whether poor legal representation led to an unfair outcome. If your probation was revoked and you believe your lawyer didn’t fight for you, give us a call. We’ll look at your case and tell you what options you have now.
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