Redding, CA asked in Criminal Law, Civil Rights, Federal Crimes and Small Claims for California

Q: Can I sue my former lawyer for not representing me properly which ended with a conviction for a crime that never occurre

I had a little accident in my home when I was trying to make my own dab (honey oil) because I was using it for my ptsd and it’s really expensive! There was a tiny fire before the authorities arrived but I had extinguished it immediately. There was no fire or damage to my house but they still charged me for it. And They pretty much just called me guilty and they didn’t even bother to prove it because my attorney didn’t investigate it and he was pretty much making all the decisions about how to handle my case even when I made requests and he tried to get me a mental health deal and they said no but I am a veteran and I told him to reach out to the veterans outreach people and he wouldn’t do that. And lastly what happened to innocent until proven guilty? Cause that’s not how it went for me. I’m not a criminal by nature and I still got the shaft. Please advise? I’m done with probation and I need to get an expungement.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: If you were convicted there was obviously a trial that resulted in the entire jury finding you guilty.

a lawyer knows what is best for determining guilt or innocence and doesn't follow the demands of a defendant when it is not in the best innocence.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you can always sue anyone for anything.............the issue is whether you would win and whether you could afford to retain a lawyer or find a lawyer that would take the matter on a lien.

you may also consider making a motion for a new trial.

i had previously not finished my missive and was trying to say that a lawyer does what is in his/her client's best interest and doesn't always do what a client suggests.

if you used a PD maybe talk to supervising deputy PD.

James R. Dickinson
James R. Dickinson
Answered
  • Criminal Law Lawyer
  • San Bernardino, CA
  • Licensed in California

A: Criminal defendants have a high standard to meet to prevail in professional negligence actions against their attorneys, but you can certainly explore your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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