Brandon, FL asked in Criminal Law for Florida

Q: if a direct appeal OR a 3.850 has ALREADY been ruled in favor of the DEFENDANT that trial counsel was

indeed ineffective,reversed and remanded for new trial and the DCA concludes that defendant established prejudice because of the ineffectiveness... does it that constitute a legal civil matter to be filed against the trial counsel for ineffectiveness?

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1 Lawyer Answer
Henry George Ferro
Henry George Ferro
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: This is not a criminal law question…it involves an issue for a civil trial lawyer to determine and assess liability and damages. If you are going to sue for damages resulting from this matter, you would have to deal with a statute of limitations issue which is two years.

If the case is having to be retried, you should focus on that issue and also file your legal malpractice claim as soon as possible.

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