Legal Question in Criminal Law in Mississippi

Can you sue a criminal defense attorney who didn't research the case well enough and misadvised you to take a plea bargain?

Asked on 4/11/13, 2:46 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney
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YOU CAN SUE ANYONE AT ANY TIME FOR ALMOST ANYTHING. SUCCEEDING IN OBTAINING "DAMAGES" BASED ON "LEGAL LIABILITY" IS GOING TO BE EXTREMELY DIFFICULT IN THIS CASE HOWEVER BECAUSE (AMONG OTHER FACTORS TOO NUMEROUS TO LIST HERE) YOU HAD TO CERTIFY TO THE COURT THAT YOU WERE ENTERING THE PLEA BECAUSE YOU WERE GUILTY OF THE OFFENSE AND THAT YOU WERE ALSO SATISFIED WITH THE SERVICES OF YOUR ATTORNEY. IF YOU HAD A PUBLIC DEFENDER YOU MAY ALSO RUN INTO SOME "IMMUNITY" PROBLEMS WITH RESPECT TO THE LIABILITY OF THE STATE EMPLOYED DEFENSE COUNSEL IN THE CASE.

WITHOUT SPECIFIC KNOWLEDGE ABOUT THE FACTS OF YOUR CASE THERE CAN BE NO "DEFINITIVE" ANSWER TO YOUR INQUIRY BUT IN ALL LIKELIHOOD YOU PROBABLY WILL NOT SUCCEED IN THE EFFORT TO SUE THE ATTORNEY. YOU SHOULD HOWEVER CONSULT ANOTHER ATTORNEY ABOUT FILING A MOTION TO SET ASIDE PLEA AND /OR A MOTION FOR POST CONVICTION RELIEF IN THE CASE. THOSE TWO AVENUES OF RELIEF PROBABLY WILL PROVIDE YOU WITH THE MOST VAULE FOR THE EFFORT EXPENDED.

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4/11/13, 3:43 pm

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