Jacksonville, FL asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida

Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was affidavits written on the defendant’s behave and the lawyer did not turn them into the courts and was not able to be brought up in trial

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Start what type of case? Appealing or otherwise seeking to reverse the conviction? Suing the party or parties who are believed to have violated the defendant's rights for money damages? Suing the defendant's criminal defense lawyer?

Any or all of the above? I suggest you post a new inquiry to be more specific. In any event, generally, affidavits cannot be used as evidence in a trial due to the hearsay rule. Most types of statements used to prove the truth of the matter asserted must be by testimony in court or recorded testimony. There are limited exceptions.

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