Reviewed on: January 03,2018

Re RDAP: Can my husband amend his PSI to add drug use information he withheld due to his attorney's recommendation at the time he was first interviewed? How would he do this?

Asked: December 29,2017
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Unfortunately no, you cannot turn the clock back and resubmit a new PSI. If his attorney advised him to withhold this information, they should lose their license to practice law as this advice clearly has no clue about post-conviction law. More and more we hear of sad situations where the attorney interjects a thoughtless and moronic advice in an area most have no clue about. The one thing your husband might do is sue the attorney for "Ineffective Assistance of Counsel".

This is not exactly going to be easy, or cheap. This is more a claim raised by a convicted criminal defendant where the innocent defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the Constitution. It's a long shot, but it might be the only shot.

Accepted Answer Date Created: December 30,2017