Legal Question in Legal Ethics in Wisconsin

Lost my Job because of ADA

I los my job because of traffic violations that were on my record. Someone had used my name when they were pulled over. At the time I was in the presense of 5 friends, one of which is a police officer. I was covicted of these violations and notified by mail. I had the cases reopened and personally talked to the ADA. She said she believed me and would take care of it because my CDL was at stake. Time passed and nothing was resolved. I called her office numerous times and was told she was waiting on the arresting officer to contact her. I talked to the officer a few days after I had personally called him because nothing was getting done. I think she was putting off the cases to get me irritated and just pay the fines but I wouldn't because it would go on my driving record and my company wouldn't allow me to drive until these violations were off my record. Needless to say 14 months passed before everything was resolved. Is there any legal action I could take against them? There is no reason that it should have taken that long. Even my officer friend said that it was on the border of a civil suit. I don't understand how she can keep putting things off while someone's lifestyle is on the line, which she didn't care about


Asked on 3/26/08, 12:41 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Lost Job Due to Delay in Reopenning Wrongful Traffic Convictions Due to Identity Theft

No attorney, whether an Assistant DA or a Defense attorney, has control over the judicial system or the ability to speed up proceedings in all cases. Going to court therefore always carries a large element of unpredictability. Court congestion alone can cause as much as two years of delay in certain busy jurisdictions. Additionally, no matter where you are, the Judge controls the calendar, not the attorneys. Finally, even if the prosecutor was slow, that may have occurred due to factors beyond his or her control such as being assigned too many cases, or delays in obtaining followup investigation by law enforcement. Even if there was neglect, prosecutors have immunity from suit in WI and in most states for all good faith decisions make in the course of their official duties. Even if it took 14 months to resolve everything, your employer generally should not hold a pending charge against you upon which you have not yet been convicted. Once the cases were reopened, your convictions vanished, hence these cases should not have been effecting you for most legal purposes. Obviously, I do not know nearly enough to seriously advise you--you need to retain an experienced criminal and/or employment lawyer if you want to protect your rights. For your information as well, the Assistant DA was not your attorney, but rather the opposing attorney in your case. He or she therefore had no legal duty to represent or assist you. Only your own attorney would have such a duty.

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Answered on 3/31/08, 9:19 pm


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