Legal Question in Legal Malpractice in New Mexico

Can I sue ?

Can I sue for getting a sham defence and spending 18 months in solitary confinment for something I was later found not guilty on by a Jury Trial.Attorney knew I was innocent,they even offered me a 5year plea on a 95year sentence,but I stuck to my guns.Can you help me .How much time do I have left??? Since I was acquited on Sept.13,2002..........

Asked on 10/16/02, 7:04 pm

1 Answer from Attorneys

Brent Bailey Dixon, Scholl & Bailey, P.A.

Re: Can I sue ?

Your question is complex. Legal malpractice cases require proof that the offending attorney did or failed to do something that caused lasting harm or injury his or her client in the underlying case. Your information indicates that you were acquitted of the charges against you following a jury trial. That is a great result for you. It is hard to say that the attorney did or failed to do something that caused you lasting harm because of the outcome of your case. You indicate that you spent time in jail when you should have been free, however you provide no information about why you were imprisoned or the efforts that were undertaken to obtain bail or conditional release etc. . . Without additional information I am not able to completely respond to that issue. Finally, if you were held prisoner when you shouldn't have been your focus may need to shift to whether you were deprived of constitutionally protected rights by the governmental body that kept you locked up.

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Answered on 10/17/02, 2:57 pm

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