Legal Question in Legal Malpractice in Florida

I was recently incarcerated in Florida at Lancaster Correctional, my maximum release date was Sept 2, 2009, my tentative release date by July 09 was Aug 14th including gaintime and A.R.D. I got into an altercation with another inmate while i was incarcerated and the repercussions of the situation was that we both lost our gaintime and ARD, without that I was pushed to my max out date (Sept 2nd). I was informed by the inmate that i had the altercation with that he appealed his D.R (which I have both of our appeal papers to prove it) but his D.R was overturned and his gaintime and ARD restored due to procedural errors.

I asked the told the officer who wrote the original D.R and two sergeants about the situation and they all told me to appeal it if his was approved mines should automatically be approved because they were the same D.R and they would have to emergency E.O.S me from the prison I was at because August 14th had already passed. I appealed my D.R on the same grounds and was denied, I have his appeal and my appeal they read the same exact way except his was approved and mines was denied if it wasn't for that I would have been home August 14th or even if I didn't make the 14th I should have been emergency E.O.S. In that case i did 19 extra days because of a D.R that if procedure was followed should have been thrown out. Do I have a case for a false imprisonment suit?


Asked on 10/19/09, 4:45 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No, and if you want an expert opinion, ask your Q to a Criminal Law attorney.

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Answered on 10/19/09, 7:42 pm


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