Brandon, FL asked in Criminal Law for Florida

Q: if a trial counsel was ineffective during trial and the ineffectiveness resulted in a guilty verdict and the

Ineffectiveness was so apparent on the face of the record can a defendant file a civil suit against the attorney and sue for punitive damages and fees

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

A: You are presuming a great number of things…the first being that your attorney was ineffective (just because you were found guilty does not equate to ineffectiveness on lawyers part); assuming ineffectiveness does not amount to punitive damages; your first step is to file a 3.850 motion.

You need to seek competent legal counsel ASAP.

Remember that there are time limitations…

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