Legal Question in Legal Malpractice in California

My hired lawyer told me I w not needed in court and handled my battery charge, pleading guilty to a disturbing the peace bargain, with my permission. He said, "It will be like 'nothing'", and I got a letter from his office telling me I had a $600 fine and I was okay with that. My docket arrived from the court, in the mail, telling me I also had 3 yrs probation and a 4th waver. This is ruining my life. I cannot sleep, anxiety attacks--the battery was self defense, but the lawyer said I would save $300 an hour x 3 days in court if I just took the disturbing the peace, so i did, He never mentioned my rights would be stripped! Can I appeal this and on what grounds? I never went to court, in 5 appearances, at his request. I had no idea! I didn't do anything wrong to deserve this! I am a basket case! I only have a week left to appeal if I can.


Asked on 8/26/11, 9:44 am

2 Answers from Attorneys

Ineffective assistance of counsel is grounds for appeal. You need to find a new lawyer - one with criminal appeals experience - immediately instead of looking for internet advice.

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Answered on 8/26/11, 9:49 am
Terry A. Nelson Nelson & Lawless

And what is it you think would have been the outcome of a trial on all the charges you faced? Risk of conviction and jail time motivates every plea bargain. Every plea bargained misdemeanor or felony conviction includes at least some probation time, with 4th waiver always included. How were you harmed or surprised? You knew and agreed the plea bargain was to avoid trial. Your life would have been 'ruined' far more by being jailed if you were convicted after paying for a costly trial. If you were adamant you 'didn't do anything wrong', you could have demanded to go to trial to 'prove you innocence'. I understand you claim not to have been properly informed by your attorney, and if that is accurate, then you have a legitimate gripe about him that could support an appeal or motion. However, understand that if you somehow successfully get the conviction set aside on a motion or appeal, you WILL then go to trial on all the original charges, as there will be NO new plea bargain offered by a PO'ed DA. As the old saying goes: "you pay your money and you take your chances". Your decision now is quite similar to your decision then, make sure you know the consequences of your choices. When all is said and done, if you are serious about hiring counsel to pursue your claim feel free to contact me to discuss the facts and costs.

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Answered on 8/26/11, 12:01 pm


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